NTERIOR 


LETTER  FROM  THE 
ACTING  SECRETARY 
OF  THE  INTERIOR 


AN CROFT 


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EDWARD  W.  NOLAN 

i  Ex.  Doc 
Ut  Session.       i  \  No.  126. 


49th  Congress,  ^  SENATE.  i  Ex.  Doc. 


LETTER 


FROM   THE 


ACTING   SECRETARY  OF  THE  INTERIOR, 


TRANSMITTING. 


In  response  to  Senate  resolution  February  23,  1886,  a  report  of  the  Com- 
missioner of  the  General  Land  Office,  relative  to  the  lands  granted  to  the 
Northern  Pacific  Railroad  Company. 


April  20,  1886, — Laid  on  the  table  and  ordered  to  be  printed. 


Department  of  the  Interior, 

Washington,  April  17,  1886. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  Senate  resolu- 
tion of  February  23,  1886,  as  follows  : 

That  the  Secretary  of  the  Interior  be  directed  to  furnish  the  Senate  with  copies  of 
all  official  correspondence  to  the  Interior  Department  with  the  Northern  Pacific  Rail- 
road Company,  its  officers  and  agents,  concerning  the  payment  by  said  company  of  the 
cost  of  selecting,  surveying,  and  conveying  or  patenting  of  lands  granted  to  said  com- 
pany by  act  of  Congress  to  aid  in  the  construction  of  its  road,  together  with  a  state- 
ment of  the  approximate  amount  of  lands  to  which  said  company  claims  to  have  be- 
come entitled  by  reason  of  the  construction  and  approval  of  sections  of  its  road,  the 
amount  of  lands  heretofore  surveyed  within  the  limits  of  said  grant,  the  number  of 
acres  of  land  in  place  and  of  indemnity  lands  which  have  been  selected  by  the  com- 
pany and  for  which  lists  have  been  filed  in  the  local  land  office  and  transmitted  to  the 
General  Land  Office  for  approval,  the  date  when  each  list  was  received  at  the  General 
Land  Office  and  the  number  of  acres  contained  in  each  list,  the  number  of  lists  ap- 
proved by  the  Secretary  of.  the  Interior  and  the  date  of  such  approval ;  the  number 
of  acres  patented  to  said  company  and  the  dates  of  such  patents ;  the  number  of  acres 
for  which  the  cost  of  surveying  has  been  paid  by  said  company,  the  number  of  acres 
for  which  the  cost  of  selecting  and  listing  has  been  paid  by  said  company,  and  the 
number  of  acres  for  which  the  cost  of  patenting  has  been  paid  by  said  company, 
whether  or  not  any  patents  are  ready  for  delivery  to  said  company,  and  whether  the 
company  has  been  notified  of  the  same,  and  whether  said  company  has,  at  any  time, 
refused,  after  being  notified  of  the  approval  of  an 5^  certified  list  of  selected  lands  and 
of  the  cost  of  the  survey  thereof,  and  of  the  readiness  to  issue  said  patents,  to  pay  the 
cost  of  said  survey  and  patent,  and,  if  so,  when. 

Said  resolution  was  on  February  25  referred  to  the  Commissioner  of 
the  General  Land  Office  for  report,  a  copy  of  which,  dated  the  14th  in- 
stant, with  its  inclosures,  is  herewith  transmitted,  and  will  furnish  the 
information  called  for. 

Very  respectfully, 

H.  L.  MULDROW, 

Acting  Secretary. 

The  President  pro  tempore  of  the  Senate. 


Z  NOKTHERN   PACIFIC    RAILROAD    COMPANY. 

Department  of  the  Intirior, 

General  Land  Office, 
Washington,  J).  C,  April  14,  1886. 
Sir:  Iain  in  receipt,  tbrough  reference  by  the  Department  on  the 
25th  February  last  for  report,  of  Senate  resolution,  passed  tlie  23d  Feb- 
ruary, directing  the  Secretary  of  the  Interior  to  furnish  the  Senate  with: 

(1)  Copies  of  all  ofiScial  correspondence  of  the  Interior  Department  with  the  North- 
ern Pacitic  Railroad  Company,  its  officers  and  agents,  concerning  the  payment  by 
said  company  of  the  cost  of  selecting,  surveying,  and  conveying  or  patenting  of  lands 
granted  to  said  company  by  act  of  Congress  to,  aid  in  the  construction  of  its  road. 

(2)  A  statement  of  the  approximate  amount  of  lands  to  which  said  company  claims 
to  have  become  entitled  by  reason  of  the  construction  and  approval  of  sections  of  its 
road. 

(3)  The  amount  of  lands  heretofore  surveyed  within  the  limits  of  said  grant. 

(4)  The  number  of  acres  of  land  in  place  and  of  indemnity  lands  which  have  been 
selected  by  the  company  and  for  which  lists  have  been  filed  in  the  local  land  office 
and  transmitted  to  the  General  Land  Office  for  approval,  the  date  when  each  list  was 
received  at  the  General  Land  Office,  and  the  number  of  acres  contained  in  each  listi 

(5)  The  number  of  lists  approved  by  the  Secretary  of  the  Interior  and  the  date  o 
such  approval. 

(6)  The  number  of  acres  patented  to  said  company  and  the  dates  of  such  patents. 

(7)  The  number  of  acres  for  which  the  cost  of  surveying  has  been  paid  by  said 
company. 

(8)  The  number  of  acres  for  which  the  cost  of  selecting  and  listing  has  been  paid 
by  said  company. 

(9)  The  number  of  acres  for  which  the  cost  of  patenting  has  been  paid  by  said  com- 
pany. 

(10)  Whether  or  not  patents  are  ready  for  delivery  to  said  company,  and  whether 
the  company  has  been  notified  of  the  same. 

(11)  Whether  said  company  has  at  any  time  refused  after  being  notified  of  the  ap- 
proval of  any  certified  list  of  selected  lands  and  of  the  cost  of  the  survey  thereof,  and 
of  the  readiness  to  issue  said  patents,  to  pay  the  cost  of  said  survey  and  patent,  and 
if  so,  when. 

In  reply,  I  have  to  report  as  follows,  answering  the  several  inquiries 
in  the  order  hereinbefore  set  forth : 

(1)  I  transmit  copies  of  all  correspondence  on  tile  or  of  record  in  this 
office  between  the  office  and  the  officers  and  agents  of  the  Northern 
Pacific  Eailroad  Company  concerning  the  payment  by  said  company  of 
the  cost  of  selecting,  surveying,  and  conveying  the  lands  granted  to  it 
by  act  of  June  2,  1864.  The  papers  transmitted  are  fully  described  in 
the  schedule  herewith  marked  A. 

(2)  Said  company  claims,  by  reason  of  the  construction  and  accept- 
ance of  the  several  sections  of  its  road,  to  have  become  entitled  to  forty 
sections  per  mile  whenever  the  road  is  located  in  a  Territory  and  twenty 
sections  per  mile  when  it  passes  through  a  State,  and  that  if  there  is  not 
within  its  granted  and  indemnity  limits  in  any  State  or  Territory  the 
amount  claimed  to  have  been  granted  to  aid  in  the  construction  of  its 
road  in  such  State  or  Territory,  that  it  is  entitled  to  make  up  the  defi- 
ciency from  its  indemnity  limits  In  any  other  State  or  Territory. 

Said  company  has  constructed  2,021.38  miles  of  its  road,  all  of  which 
has  been  accepted  by  the  President.  Of  the  road  so  constructed  351.80 
miles  are  within  the  States  of  Wisconsin,  Minnesota,  and  Oregon,  and 
1,669.58  miles  within  the  Territories  of  Dakota,  Montana,  Idaho,  and 
Washington. 

If  the  company's  claims  were  tenable,  it  would  be  entitled,  by  reason 
of  the  construction  of  its  road  through  the  States  named,  to  4,503,040 
acres,  and  to  42,741,248  acres  for  its  road  through  the  Territories,  or 
47,244,288  acres  in  all. 

This  office,  however,  does  not  admit  that  the  whole  of  said  2,021  miles 
is  land-grant  roa'd.  On  January  12, 1886,  I  held,  in  the  case  of  Donald 
McKae  vs.  Northern  Pacific  Railroad  Company,  that  the  joint  resolu- 


I  I 


NORTHERN    PACIFIC    RAILROAD    COMPANY. 


^Uh 


3 


tion  of  May  31,  1870  (16  Stat.,  378),  did  not  make  a  grant  of  lands  to 
said  company  to  aid  in  the  construction  of  its  road  between  Portland, 
Greg.,  and  Tacoma,  Wash.  The  length  of  the  road  between  said  points 
is  142.40  miles,  of  which  30.30  miles  are  in  the  State  of  Oregon  and 
106.10  miles  in  the  Territory  of  Washington,  and  should  said  decision 
be  sustained  tiie  amount  claimed  as  above  set  forth  would  have  to  be 
reduced  by  3,200,800  acres. 

While  no  decision  has  been  made  as  to  the  quandty  or  volume  of  the 
grant,  it  is,  in  my  judgment,  what  is  known  as  a  grant  in  x)lace,  i.  c,  a 
grant  of  the  odd-numbered  sections  within  20  or  4(»  miles  of  the  road,  as 
the  case  may  be,  with  the  right  to  supply  from  the  indemnity  limits 
such  deficiencies  as  may  exist  in  the  grant  by  reason  of  sales,  pre-emp- 
tions, &c.,  prior  to  the  location  of  the  road  j  but  should  no  land  be  found 
in  place  no  indemnity  can  be  allowed.  Neither  is  the  company,  in  my 
opinion,  entitled  to  indemnity  for  all  losses  which  it  may  sustain  in  its 
granted  limits.  The  joint  resolution  of  May  31, 1870,  as  understood  by 
me,  restricts  the  right  of  indemnity  to  losses  which  occurred  between 
the  date  of  the  grant  and  the  location  of  the  road,  and  the  selection  in 
satisfaction  of  such  right  to  the  particular  State  or  Territory  in  which 
the  loss  occurred. 

Waiving  all  question  of  forfeiture  which  ,has  arisen  by  reason  of  the 
failure  of  the  company  to  locate  and  construct  its  road  within  the  time 
8i)eciiied  in  the  granting  act,  an  adjustment  on  the  basis  last  described 
would  result  in  a  very  large  reduction  from  the  full  quantity  stated 
above,  but  as  no  adjustment  has  been  made,  I  am  unable  at  this  time 
to  give  the  amount  of  such  reduction. 

(3)  The  amount  of  land  surveyed  within  the  20  and  40  miles  limits  of 
the  withdrawal  for  said  road  is  established  at  about  21,732,542  acres, 
distributed  as  follows : 

Acrea. 

Wisconsin 785,482 

Minnesota 2, 837, 060 

Dakota 5,561,200 

Montana 3,569,650 

Idaho 70,007 

Washington 7,370,818 

Oregon 1,538,325 


Total 21,732,542 

(4)  I  transmit  herewith  (marked  B)  a  tabular  statement  showing  the 
number  of  acres  in  place  and  of  indemnity  lands  selected  by  said  com- 
pany ;  the  date  of  the  approval  of  each  list  by  the  local  land  officers; 
the  date  of  the  receipt  of  each  list  at  this  office ;  the  number  of  acres 
contained  in  each  list;  the  number  of  acres  selected  each  year  in  each 
of  the  several  States  and  Territories  in  which  the  grant  is  situated,  and 
the  total  number  of  acres  selected  each  year. 

An  examination  of  said  statement  shows  that  said  company  has  se- 
lected 7,903,026.25  acres  within  its  granted  limits,  and  3,343,395.07  acres 
of  indemnity  lands,  or  11,246,421.32  acres  in  all,  distributed  as  follows 


state  or  Territory. 

Granted 
limits. 

Indemnity 
limits. 

Total. 

Wisconsin 

Acres. 

2, 19.5.  30 

1,334,189.30 

5,  442,  840.  70 

98r,  440.  58 

A  cres. 

6, 436.  75 

694, 163.  30 

1, 104,  438. 13 

648,019.62 

9, 450. 13 

635,  500.  75 

245,  386.  39 

Acres. 

8,  63^  05 
2,  028,  352  60 
6,  547  278.  83 
1,  629,  460.  20 

9,  450. 13 
777,  861. 12 
245.  386.  39 

Minnesota 

Dakota 

Montana 

Idaho  

Washington 

142,  360.  37 

•Oregon 

Total 

7,  903,  026.  25 

3,343,395.07 

11,246,421.32 

4  NORTHERN    PACIFIC    RAILROAD    COMPANY. 

(5  and  6)  Six  lists  embraciug  746,589.52  acres,  of  which  743,573.44 
acres  are  in  the  State  of  Minnesota,  and  3,016.08  acres  in  the  Territory 
of  Washington,  have  been  approved  by  the  Secretary  of  the  Interior. 
Following  the  approval  of  said  lists  the  lands  embraced  therein  were 
patented  to  the  railroad  company. 

I  transmit  herewith  (marked  C)  a  statement  showing  the  date  of  ap- 
proval and  the  nnmber  of  acres  included  in  each  list,  and  the  date  of 
and  the  number  of  acres  included  in  each  patent. 

(7)  The  cost  of  surveying,  amounting  to  $42,686.50,  has  been  paid 
by  said  company  on  1,131,221.19  acres,  of  which  746,589.52  acres  have 
been  patented  to  the  company,  and  384,634.67  acres  have  not  been 
patented. 

(8)  The  regulations  of  this  office  make  the  payment  of  the  cost  of 
selecting  a  condition  precedent  to  the  approval  of  the  lists  of  selections 
by  the  local  officers  j  hence  the  number  of  acres  selected  (11,246,421.32 
acres)  is  the  number  of  acres  for  which  the  cost  of  selecting  and  list- 
ing has  been  paid. 

(9)  The  cost  of  patenting  is  assessed  at  the  rate  of  30  cents  per  100 
words  (15  for  writiuir  and  15  for  recording),  and  $1  for  the  seal  of  the 
office,  and  is  payable  w^hen  patent  is  ready  for  delivery.  The  cost  of 
patenting,  amounting  to  $168.85,  has  been  paid  on  all  the  patented 
lands,  viz,  746,589.52  acres. 

(10)  No  patents  are  ready  for  delivery,  as  the  issue  of  patents  to  said 
company  is,  and  has  been  for  several  j^ears,  suspended  on  account  of 
the  failure  of  the  company  to  locate  and  construct  its  road  within  the 
time  required  by  the  granting  act. 

(11)  Said  company  has  not  at  any  time  after  being  advised  of  the 
readiness  of  this  office  to  issne  patents  directly  refused  to  pay  the  cost 
of  survey  and  patent,  but  it  did  fail  to  make  its  selections,  and  thereby 
to  put  this  office  in  a  position  of  readiness  to  issue  patents.  It  could  at 
any  time  between  1873  and  1880  have  received  patents  for  its  lands  in 
Minnesota,  and,  as  fast  as  surveyed.  East  of  the  Missouri  River  in  Da- 
kota, had  it  made  its  selections  and  paid  the  fees.  It  did,  moreover, 
for  several  years  refuse  to  pay  the  cost  of  surveying  743,573.44  acres  in 
the  State  of  Minnesota  which  were  patented  in  1873,  when  this  office 
overlooked  the  act  of  July  15,  1870,  requiring  such  payment,  and  only 
paid  the  same  when  instructions  were  issued  to  the  local  land  officers  to 
refuse  to  receive  its  selections. 

The  resolution  is  herewith  returned. 

Very  respectfully,  your  obedient  servant, 

WM.  A.  J.  SPARKS, 

Commissioner, 
Hon.  L.  Q.  C.  Lamar, 

iSecretary  of  the  Interior. 


A. 

Schedule  of  papers  relating  to  payment  of  costs  of  selecting,  surveying,  and  conveying  lands 
granted  to  the  Northern  Pacific  Railroad  Company,  accompanying  letter  from  the  Com- 
missioner of  the  General  Land  Office  to  the  Secretary  of  the  Interior,  April  14,  1886. 

(1)  Copy  of  letter  dated  May  23,  1874,  from  W.  K.  Mendenhall,  attorney  for  North- 
ern Pacific  Railroad  Company,  asking  that  patent  be  issued  to  said  company  for  cer- 
tain lands  in  Dakota 

(2)  Copy  of  office  letter  of  May  27,  1874,  to  W.  K.  Mendenhall,  declining  to  patent 
lands  to  company  until  fees  had  been  paid,  not  only  on  lauds  asked  to  be  patented, 
l>at  on  "those  already  patented. 


NORTHERN    PACIFIC    RAILROAD    COMPANY.  5 

(3)  Copy  of  letter  from  W.  K.  Mendenhall,  June,  1874,  asking  repayment  of  fees 
paid  by  Northern  Pacific  Railroad  Company  for  selecting  certain  lands  afterwards 
awarded  to  Saint  Paul  and  Pacilic  Railroad  Company. 

(4)  Copy  of  offi'jo  letter  of  Jiiuo  27,  1874,  to  W.  K.  Mendenhall,  that  the  money  re- 
ferred TO  in  his  letter  of  June  26,  having  been  covered  into  the  Treasury,  was  beyond 
the  control  of  this  office. 

(5)  Copy  of  letter  from  W.  K.  Mendenhall,  June  29,  1874,  asking  that  the  company 
be  allowed  credit  for  selection  fees  referred  to  in  his  letter  of  June  26,  11^74. 

(6)  Copy  of  office  letter  to  W.  K.  Mendenhall,  July  14,  1874,  that  company  will  be 
allowed  credit  for  selection  fees,  as  requested  in  his  letter  of  June  29,  1874. 

(7)  Copy  of  office  letter  to  W.  K.  Mendenhall,  March  29,  1882,  requesting  payment 
of  $26,18;i!!:?8,  being  cost  of  surveying  and  conveying  certain  lands  patented  to  North- 
ern Pacific  Railroad  Company  in  1873. 

(8)  Copy  of  letter  of  argument  b^-^  George  Gray,  general  counsel,  Northern  Pacific 
Railroad  Company,  April  3,  1882,  claiming  that  said  company  was  not  required  to 
pay  cost  of  surveying  and  conveying. 

(9)  Copy  of  office  letter  to  Secretary  of  the  Interior,  April  28,  1882,  transmitting  Mr. 
Gray's  argument  aud  recommending  that  steps  be  taken  to  secure  payment. 

(10)  Copy  of  letter  from  Secretary  of  the  Interior,  June  5,  1882,  directing  that  no 
further  patents  be  issued  until  cost  of  selecting,  surveying,  and  conveying  lands  cov- 
ered thereby  has  boen  paid;  that  further  patents  be  witliheld  until  the  $26,182.38 
then  due  should  be  paid,  and  that  the  company's  right  of  selection  be  not  recognized 
until  such  payment  should  be  made. 

(11)  Copy  of  ofJice  letter  to  George  Gray,  June  10,  1882,  advising  him  of  Secretary's 
decision,  and  that  the  company's  right  of  selection  would  not  be  recognized  until  the 
$26,182.38  had  been  paid. 

(12)  Copy  of  office  letter  to  W.  K.  Mendenhall,  June  10,  1882,  advising  him  of  Sec- 
retary's decision,  &c. 

(13)  Copy  of  office  letter  of  June  10,  1882,  to  the  local  officers  for  the  several  land 
districts  in  which  the  grant  to  the  Northern  Pacific  Railroad  Company  is  situated, 
directing  them  to  decline  to  receive  selections  by  said  company  until  further  orders. 

(14)  Copy  of  letter  from  George  Gray,  September,  1882,  stating  that  the  company 
had  that  day  paid  the  $26,182.38  then  due. 

(15)  Copy  of  office  letter  to  George  Gray,  October  6,  18 "*2,  requesting  that  the  da- 
plicate  certificate  of  deposit  be  forwarded  to  this  office. 

(16)  Copy  of  letter  from  Secretary  of  the  Treasury,  December  5,  1882,  transmitting 
certified  copy  of  certificate  of  deposit  No.  27,  O"  O,  by  Northern  Pacific  Railroad  Com- 
pany, for  $26, 182. 38. 

(17)  Copy  of  certified  copy  of  certificate  of  deposit  No.  27,030. 

(18)  Copy  of  office  letter  of  December  14,  1882,  to  local  officers,  recalling  instruc- 
tions of  June  10,  1882,  against  the  company's  right  of  selection. 

(19)  Copy  of  office  letter  to  W.  K.  Mendenhall,  December  14, 1882,  that  instructiong 
of  June  10,  1882,  have  been  recalled. 

(20)  Copy  of  letter  from  Robert  Harris,  president  of  Northern  Pacific  Railroad 
Company,  February  12,  1886,  asking  that  the  surveyor-general  for  Dakota  be  in- 
structed to  furnish  said  company  with  statement  of  cost  of  surveying  lands  in  Cass 
County. 

(21)  Copy  of  office  letter  to  Robert  Harris,  February  19,  1886,  that  statement  of 
cost  of  surveying  lands  in  Cass  County,  Dakota,  will  be  furnished. 

(22)  Copy  of  letter  from  Robert  Harris,  February  24,  1886,  inclosing  copy  of  reso- 
lution ])assed  by  directors  of  Northern  Pacific  Railroad  Company,  that  said  company 
is  ready  to  pay  cost  of  surveying,  selecting,  and  conveying,  and  requesting  thati)at- 
ents  be  issued  for  lands  already  selected. 

(23)  Coj)y  of  resolution  transmitted  by  Mr.  Harris. 

(24)  Copy  of  office  letter  to  Robert  Harris,  March  9,  1886,  containing  statement  of 
cost  of  surveying  certain  lands  in  Dakota. 


NORTHEKN   PACIFIC    RAILROAD    COMPANY. 


B. 


Statement  showing  the  nnmher  of  acres  in  place,  and  of  indemnify  lands  selected  by  the  North- 
ern racijic  Railroad  Company,  the  date  of  approval  of  each  list  of  seletiion  by  the  local 
land  officers,  the  date  of  the  receipt  of  each  list  at  the  Genei'al  Land  Office,  and  the  number 
of  acres  included  in  each  list. 


.2 
1? 

Land  district. 

Dat«»  of 
approval  by 
local  otficers. 

Date  of 

receipt  at 

General  Land 

Office. 

Granted 
limits. 

Indemnity 
limits. 

1 

WI8COK8IN. 
Bay  field 

Sept.  13, 1883 
do 

Sept  21, 1883 
do    

Acres. 
2, 195. 30 

Acres. 

*^ 

do 

6,436.75 

MINNESOTA. 

Alexandria ..              

July     1  1872 

.TnW    1Q   1»79 

1 

74,371.98 

83.  055.  07 

32.  897.  70 

89.  850.  88 

112,724.38 

94,  682.  48 

106,  573.  90 

110,  428.  57 

70,641.72 

3,  925.  28 

17,919.32 

98,  664.  73 

78,  489.  9i} 

16,396.41 

28,  517.  85 

""32,'686'i9' 

9,  735.  62 

81,788.53 

108,  989. 21 

""'59,' 230."  23' 

MiS. 

1 

Oak  Lake 

Auff.  27,'  1872  1  Sept.  lo!  1872 
Sept.  30, 1872  ■  Oct.    11. 1872 
Dec.  20,1872    Feb.  26,1873 
Feb.     8,  1873     Mar.  14,1873 
Feb.  20, 1873     Mar.    1.  1873 
Mar.   10   1873     Mnr    17   1R73 



9, 

do 

1 

Saint  Cloud 

3 

Oak  Lake 

? 

Saint  rioud  . .         .   . 

4 

Oak  Lake  

3 

Saiut  Cloud 

Jkiar.  11,1873 
Mar.  21, 1873 
Mar.  22, 1873 
May  17,1873 
Apr,  10, 1873 
Aug.    4,1873 

Mar.  18. 1873 
Apr.     9,  1873 
Apr.  10.  1873 
May  23,  1873 
Apr.  10, 1873 
Au?.    9, 1873 
.  do 

2 
1 

Alf  xjindria 

Diiinth 



1 
5 

Taylor's  Falls 

0:ik  Lake 

4  '  Saiut  Cloud 

5 

do 

Duluth  ... 

2 

May  27,1876 

June    3,1876 
do 



3 

do 

21  498.  33 

A 

Detroit 

May  21,1877 
May  26,  1877 
Feb.  14, 18*0 
Sept.  27, 1880 
Feb.     8, 1881 
Mar.  15,1883 
Mar.  16,1883 

...  do  

...  do 

May  28,  1877 
June   4,1877 
Mar.  23. 1880 
Oct.    19. 1880 
Feb.  14,1881 
Apr.    3,1883 
do 

3 

Fergus  Falls    . . 

6 

7 

Saint  Cloud 

do 



f 

Taylor's  Falls  ..."       ... 

2,  28a  50 

7 

8 

do 

do 

Duluth 

62,  376. 19 

9 

..  do 

19,  853. 13 

5 

May    4, 1883 
do 

47.34 
1,080.00 

6 

do 

do 

Saint  Cloud 

..  do 

7 

....do 

Mar.  22, 1883 
do      . 

.do      

10,  084. 13 

g 

Apr.  17, 1883 
do 

3  27.3.88 

9 

^9. 

do 

11,996.82 

do 

...do  

...  do 

80.00 

13 

do          

do 

do 

40.00 

14 

do 

do 

..-.do  

Mar.  31, 1883 
Apr.  23,1883 
June  18, 1883 
June  22, 1883 

...do  

..  do 

May    4,1883 
July    9,1883 
June  28, 1883 
. . .  do  . .     . . 

7,  346.  42 
542.50 

15 

8 

Duluth   

Saint  Cloud 

15,974.57 
30,  717.  08 

18 

2,  645.' 75' 

3 

Taylor's  Falls 

»> 

do 

7,  392. 10 

10 

Saint  Cloud 

July  30,  1883 
do 

Aug.  21, 1883 
do 

165, 304.  64 

19 

do 

19,  308. 51 

91 

do 

..  do 

...  do  

3,  030.  56 

11 

do 

Taylor's  Falls 

«lo 

do 

h  ei gus  Falls 

Crookston 

Duluth 

do 

do 

Sept.  20, 1883 
1  Sept.  29, 1883 
do 

Oct.    26.1883 
Oct.     6, 1883 
do 

30,  846.  60 
9,  996. 85 

7 

9 



2,857.94 

10 

.  do 

Oct.   15,1883 

...do  

Oct.    16,1883 
Oct.    17,1883 
.     do 

..  do 

Oct.    22,1883 
Oct.    31,1883 
Nov.  20,  1883 
do 

200.11 
1,  443.  87 

6 

12 

24,  264. 25 

9 



5,  629.  93 

10 

27,  880.  93 

11 

..  do 

.. 

7,  032. 86 

14 

do 

do 

...  do  

24,  899.  46 

15 

do 

do 

do    . 

4.3,  i>18. 12 

20 

S!<int  Cloud 

Ci'ookston 

..do    

Oct.    20,1883 
Nov.    7,1883 
do 

Oct.    31,1883 
do 

137.  278.  92 

13 

7,529.  13 

22 

Dec.  14,1883 
do 

8l'3.  00 

23 

do 

1,  084. 52 

26 

..     do                 

do 

do 

274.  35 

16 

Duluth 

Nov.    9.1883 
Dec.  12,1883 
Dec.  13,1883 
Dec.  14,1883 
..do    

Nov.  20, 1883 
Jan.  23,1884 

....do 

Dec.  21,1883 
do 



4,199.02 

16 

Crookston 

do 

480.  00 

17 

14.35 
80.00 

20 

Duluth 

21 

do     .  .                           ... 

74.83 

12 

Taylor's  Falls 

Dec.  17, 1883 
Jan..  24, 1884 
Apr.  27.  1885 
May  28, 1885 
do 

.-  do 

Jan.  28,1884 
May    2,1885 
June  28, 1885 
do 

40.00 

14 

....     do 

.       do  

1, 352.  25 

17 

604.  79 

29 

Saiut  Cloud 

40.00 

80 

do 

32. 12 

Total 

1,  334, 189.  30 

694,163.30 

NORTHERN    PACIFIC    RAILROAD    COMPANY. 


Statement  showing  the  number  of  acres  m  place,  and  of  indemnittf  lands  selected  by  the  Nm'th- 
ern  Vacific  liailroad  Company — Coutiuued. 


i 

Land  district.                 * 

Date  of 
appioval  by 
local  officer's. 

Date  of 

receipt,  at 

Gcueial  Land 

Office. 

Granted 
limits. 

Indemnity 
limits. 

1 

DAKOTA. 
Penibiuci                  - 

Feb.  28.1874 
Jiilv  30.  1875 
Juiie2i».  187« 
Sept.    7,  IKTe 
Mar.  31. 1877 
Mnr.  19.1.-8:} 
Apr.     9.1883 

do 

May  I4,18a3 
Julv    7,  18»3 
...  do  . 
July  12,1883 

do 

Aug.    8,1883 

do    

Sept  29.  H3J33 
Oet.      8,  If'H.t 
Nov.    9,1883 
do 

Mar.    6,1874 
Aug.    7,1875 
July  1(1,  1876 
Oct.    11,1876 
May  24,  1877 
Sej.t.  13.  1883 
Apr.     7,1884 

do  . 
Aug.  1.5,1883 
Apr     7,  1884 

. .  do 

...  do 

.  do 

Sept  27, 1883 
Nov.    3.  1883 
Dec.     3, 1883 
Apr.     7,  1884 
Dec.     3,  1883 

do 

Dec.     3,1883 
Apr.    7,1884 

do        .   .. 

AcrfiH. 

3.  773.  77 

5.  234.  37 

40.  205.  60 

29,  816.  47 

Acres. 

2 

l-'argo 

do 

do 

do 

do                    

3 

5 
6 

1,790.46 
438, 9x3. 48 

7 

do 

do 

Bismstrck 

l^'urijo                                        ............ 

69  696  58 

8 

.... 

38.  304. 48 

1 

67,  527. 11 

9 

1,011,734.84 
1,287,705.62 

"241.012.77 
475.  978.  99 
660.  249.  23 
499,314.75 



34,802.16 
92,  097.  07 

10 

do 

do 

11 

20, 443. 44 

12 

<lo                   -. 

2 

Bismiiick 

....   do 

do 

Fargo  

3 

4 

13 
5 

1, 108. 60 

(^ 

do 

do 

Fargo  

do 

...do 

Mar.    5.1884 
do 

647.29 

14 



.%. . . 

23,  467.  88 

15 

28, 170.  94 

1H 

..do         

do    

do 

44,  688.  20 

17 

do 

...  do 

....d.» 

19, 341. 22 
238.93 

g 

JBismavck                     ..     .       ....    

Mar.    6,1884 

do 

Mai.  31,1884 

..  do 

do 

Apr.  10,  1884 

Apr.  11,1884 
...  do  

do 

...  do  

do 

Mav  20, 1884 
...  do  

q 

...  i\o 

do ; 

do.   

do 

do 

do   

91,  868.  52 

""61.107.47 
21,538.86 
34.  642.  76 
35.031.74 
46.  093.  €6 
124.780.02 
116,030.36 

10 

11 

7,520.93 

\9, 

13 

14 

15 

do 

do 

do 

do 

...  do     

..do 

...  do  

16 

Apr.  11.1884 
June  13, 1884 

do  . 
Aug  30.  18.-i4 
vSept.  311.  1884 
Oct.    14,  1884 
Oct    18,1884 
Oet.    29.1884 
Nov.  12.18^4 
Dec.   16,1884 
Dec.   19.1884 
l).c.  29,  1884 
Jau.    8,  1885 

.  «lo 
June  2.5, 1884 
do 

17 

18 

22, 093. 80 

19 

Sept.  18.  1884 
Nov.  12.  18M 
•S.  pt.  22.  1885 
Dec.     3,  1881 
Sm)t.22,  18^5 
Dec.     8,1884 
Sept.  22, 1885 
Jan.   10,  1885 

..  do    

Feb.   7.1885 
do 

11,. 557.  41 
206, 429.  70 

?0 

do 

Fargo         

1H 

13, 476. 98 
34.  903.  68 

n 

BisniHrek 

Fargo               .     .            

10 

38  070  43 

ft 

45,  922.  34 

?(i 

Fiir»'0                                        .   . 

46,  798.  08 

22.8.52.15 

93,116.86 

4,  291.  14 

?H 

Bismarck  

do 

?4 

?i 

do 

do 

?« 

15,761.54 

V7 

do            .             

Mar.    7,1885 
do 

Apr.    C,  1885 
do      

32,  825.  93 

?8 

do 

71,  943. 46 
i8,"859.*i2 

29 
?1 

do 

Fargo 

do  .   . 

Mnr.  24.1885 

do    

Mar  31, 1885 

Apr.  27!  V885 
Auir.    .5,  lh8.'> 
Aug.  24,  1885 
do 

..  do    

Sept.  22, 1885 

- .  do 

Apr.    6, 18.-'5 

(l«i    

M..V     9.1885 
Sept.    8,  1885 
...do 

do 

12,  027.  80 

954.60 

5,' 709.  04' 

?'' 

do 

RO 

Bismarck    .  •        ...... 

107,  540.  20 

81 

do 

....  do 

....  do   

do 

GO    

32 
33 

7,  653. 24 
10, 971. 89 

34 

43.  879.  83 
4,  690  93 

H5 

Total 

.5.  442,  84(1.  70 

1,104,438.13 

MONTANA. 

Helena 

MileHCity 

do   

Nov.  14. 1882 
June  23.  1883 
May  20,  1884 

Se|>t.  30.  1884 
Ct.    31, 1884 
Nov.  IX.  I8.«<4 
Dei".  18,  1X84 
l)e»-.  2.i,  1884 
.Fan.  31,1885 
Fel..   11.1885 
K.-l).  26,  1885 
Mar.  25, 1885 

Nov.  22, 1882 
July  21,18}-3 
June    9. 1^84 

do      

Oct.    23,1884 
Nov.  17.18X4 
Dec    12,1X84 
,Ian     15.  18X5 
Jan.   17,  lSJ-5 
Fell    14,  I8^5 
Mar.  13.  1885 
....do 
Apr.  10, 1885 

1 

320.  00 

1 

196.2.34.21 
106.  917.  15 
99,  74".  23 

^ 

3 

4 

do 

do 

do     

71  977.33 

f> 

1,718.63 
640  80 

] 

Helena 

7, 

...  «lo     

4,'4.5n.i() 

30,  094.  98 

25,  334. 20 

^ 

7. 

do 

Helena 

3 

74  471.  76 

4 
5 

....   do 

do 

219,596.51 
59,  364.  68 

8  NORTHERN    PACIFIC    RAILROAD    COMPANY. 

Statement  showing  the  numher  of  acres  in  place,  and  of  indemnitif  lands  selected  by  the  North- 
ern Pacific  liailraad  Company,  4^c. — Contiuued. 


i 

i 
1 

Land  district. 

Date  of 
approval  by 
local  officers. 

.Granted 
limits. 

Date  of 

receipt  at 

General  Land 

Office. 

Indemnity 
limits. 

3 
6 

MOKTANA— continued. 

Bozeman 

Miles  City. 

do 

Mar.  25. 18(55 
Apr.  17.  1885 
Apr.  22,  1K85 
Apr.  24,  18H5 
M  «y    4,  1885 
June  TA,  1885 
June  27,  1885 

Apr.  14, 1885 
May  12,1885 
du 

Acres. 

Acres. 
17, 181. 79 
22  887.89 

60,  549.  27 
17,  474.  83 

2,  528.  05 
10,  500  92 

39,' 948.' 76 

23,524.20 

Helena 

May  1.3, 1885 
June  16,  1885 
June  30,  1885 
July     9.1885 
July  24,  1885 
July  27.1885 
Aug.  13,  1885 
Nov.  21.  1885 
Nov.  11, 1885 

...do- 

Jan.   18,1886 

Bozeman 

Bozeniau 

do 

174, 681. 67 
""i21,i93.'6i' 

Bozenidn 

Helena 

July  20,  1885 
July  28. 1885 
Sept.    4,  1885 
Oct.    17,  1885 
Oct.    2:{,  1885 
Jan.   12,1886 

8  !  Mih-sCitv 

i66,  925.  91 

G28.  36 

6,  446.  22 

134,122.74 

Helena 

do 

Bozeman 

Total 

10 
10 

981, 440.  58 

648,  019.  62 

. 

IDAHO. 

Lewiston 

Aug.   1,1885 

Aug.  17, 1876 
Dec.  20,1877 
Mar.    2,1882 
Dec.  17,  1883 
Jan.     5.  1884 
Feb.  26.  1884 
Mar.  20,  1881 
May  14,  1884 
Au>:.  27,  1884 
Dec.     8, 1884 
Dec.  31,  1884 
do 

Aug.  18, 1885 

Aug.  29, 1876 
Jan.     7. 1878 
Mar.  20,  1882 
Jan.     3,  1884 
Jan.  23,1884 
Mar.    8,1884 
July  23,  1884 
Sept.  14.  1885 
Sept.    6.1884 
Feb.     3,  1885 
Jan.  23,18«5 

...  do    

do 

1 

9,  450. 13 

WASHINGTON. 

Olvmpia 



1 

2, 200. 00 

2 

do 

Colfax 

3, 140. 32 

1 

2,  840.  00 
59,  548.  74 
73,395.26 

3,  743.  01 
26,  666.  81 

?, 

Spokane  Falls 

•. 

1 

Walla  Walla 

Vancouver      

T 

B 

Spokane  Falls 

4 

do 

6,311.98 
10,  923.  05 

8 

Olympia  

1 

Yakima    

360  00 

9, 

Vancouver 

3,  931. 15 

8 

do 

1,430.27 
37,  135. 12 

4 

do 

.  do  .. 

fi 

do 

...  do  

..  do    .     . 

78  54 

6 

do   

Oly  nipia 

Feb.     2. 1885 
Feb.  2.-.,  1885 
Mar.  31. 1885 
Apr.  20,  I88.-> 
May  12,  1885 
Mav  14,1885 
May  14.  188.5 
May  IG.  1885 
May  18  1885 

Feb.  16,1885 
Mar.  11,1885 
Apr.  10.  1885 
Apr.  29.1885 
May  22,  1885 
....do 
May  28, 1885 

480.  00 

4 

1,  933.  84 
36,  435. 41 

7 

Vancouver 

3 

Walla  Walla   

12,946.69 
20,  6.=i4.  21 
27,  455.  67 
54.  J-91.  .52 
5,791.84 
92  049  81 

6 

Olympla       

4 

Walla  Walla 

5 

Spokane  Falls 

7 

Olvmpia  

4^ 

Vjincoii  ver 

H.I 

« 

Olympia 

May   22*1885    .Timia    '-?.  IRR.^ 

9 

Vancouver      

May  23,  1885 
Mav  2.^,  1885 

do 

25,  733.  03 
90.  378.  57 
28,  224.  99 
26  334  61 

6 

Spokane  Falls 

.Tnnn    d    IRR.'^ 

1) 

Olvmpia 

Juno    5,1885    June  17.  1885 
Junel3,  18>«5    Ji.lv     3,188:) 
July  14.1885    July  24.  1K85 
July  16,1885.  Julv  25,1885 
July  31.  188.-)    Au;t.  11,  1885 
Aug.    3.1885     Aug.  U.  1885 
Sept.  12.  1885     Sept.  22.  1885 
Nov.  20, 1885    >J"v   •A\)  iSK.'S 

? 

Ysikima     

7 

Spokane  Falls 

14  757  "^O 

10 

Olympia  

3,  976.  75 
934  16 

11 

do 

8 

Spokane  Falls  

"36,  211.' 28' 
8,  839.  00 

80  00 

1? 

Olympia   

1? 

Total 

142,  360.  37 

635,  500.  75 

OKEGON. 
La  GraT'de 

Mav    7,1885 
May    8,1885 

May  16.1885 
May  28, 1885 

1 

70,  549. 33 
174.  837.  06 

1 

The  Dalles 

Total 

245,386.39 

NORTHERN    PACIFIC    RAILROAD    COMPANY. 

RECAPITULATION. 

Number  of  aores  in  place  and  of  indemnitif  lands  neleoted  in  each  State  and  Territory. 


State  or  Territory. 


Wisconsin  .. 
Miunosutu  .. 

Ditkutii 

Muntiina  — 

liljiho    

Waab  jngton . 
Oregon 


Total. 


Granted 
limits. 


Acres. 

2, 195. 

1,334,189. 

5,  442,  840. 

981,440. 


142,  360.  37 


Indemnity 
limits. 


Acres. 

6,  436.  75 
694, 163.  30 
104,  438. 13 
648,  019.  62 

9,  450. 13 
635,  500.  75 
245,  386.  39 


7,903.026.25     3,343.395.07 


Total. 


Acres. 

8,  632. 05 
028.  352,  60 
547,  278.  83 
629,  460.  20 

9,  450. 13 
777,  8f;i.  12 
245,  386. 39 


11,  246,  421. : 


Statement  showing  the  nnmber  of  acres  in  place  and  of  indemnity  lands  selected  by  the  North- 
ern, Pacific  Ilailroad  Company  each  year  in  the  several  States  and  Territories  in  which 
said  company^s  grant  is  situated. 


State. 


Wisconsin. 
Minnesota . 


Year. 


Granted 
limits. 


Acres. 
2. 195.  30 


Indemnity 
limits. 


Acres. 
6,  436. ' 


Total 
Dakota 


1872 
1873 
1876 
1877 
1880 
1881 
1883 
1884 
1885 


280,  175.  63 
710,446.69 
28,  517.  85 
43.415.81 
190,  777.  74 


21,498.33 


81,  815.  58 
40.  66 


1,  334, 189. 30 


2,  288.  JiO 

668.387.31 

1,  352.  25 

636.  91 


1874 
I  1875 
1876 
1877 
1883 
1884 
1885 


3,  773.  77 

5,  234.  37 

70,  022.  07 


Total 
Montana... 


Total . 

Idaho 

Washington 


Total 
Oregon 


1882 
1883 
1884 
1885 


1885 

1876 
1877 
1882 
1883 
1884 
1885 


4,  302,  895.  43 
956,  53.5.  79 
104,  379.  27 

5,  442,  840.  70 


196, 
211, 
439, 
134, 


234.21 
113.48 
970.15 

122.  74 


694, 163.  30 


1,  790.  46 
636,  711.  04 
233.2U7.18 
2a2,  729.  45 


1,104,438.13 


320.  00 


99,  670.  96 
548,  028.  66 


981.  440.  58  !   648,  019.  62 


j    9,450.13 

.T7~..  .77"  I   27200706" 

3,140.32  I 

I    2.840.00 

59,548.74 

55,800.42  I   108,174.77 
83,419.63  1   462,737.24 

! I 

142,360.37  j       635,500.75 


Total. 


Acres. 
8,  6.'<2.  05 


280, 175.  63 

710,446.69 

50,  016. 18 

42,415.81 

190,  777.  74 

2,288.50 

750,  202.  89 

1,  352.  25 

67G.  91 


2,  028,  352.  60 


3,  773.  77 

5,  234.  37 

70,  022.  07 

1,790.46 

4.  939,  606.  47 

1,189,742.97 

337,108.72 


6,  547.  278.  83 


320.  00 
196,234.21 

310,  784,  44 
987,  998.  81 
134,  122.  74 


1,  629,  460.  20 


9,  4.n0. 13 


245,  386.  39 


2,  200.  00 

3, 140.  32 

2,  840.  GO 

59,  548.  74 

163,  97.5. 19 

546,  156.  87 


777,861.12 


245.  386.  39 


10  NORTHERN    PACIFIC    RAILROAD    COMPANY. 

RECAPITULATION. 
Number  of  acres  in  place  and  of  indemnity  land  selected  each  year. 


Tear. 


Granted 
limits. 


Acres. 

1872 : i       2811,175.63 

1873 , I       710,446.69 

1874 I  3.  77H.77 

1875 1  5.234.37 

1876 98,539.92 

1877 I        45,5.16.13 

1880 i       190,777.74 

1881 

1882 i 

1883 1  4,583.140.52 

1884 !  1,223,449.69 

1885 1      627.8(9.05 

1886 i       134,122.74 

I ! 

Total j  7,903,026.25 


Indemnity 
limits. 


Acres. 


23,  698. 33 
1,  790. 40 

2,' 288."  50 

3. 16".  00 
1,371,0^3.84 
442.40.5.16 
1,498,968, 


3,  343,  395.  07 


Total. 


11,246,421.32 


Statement  showing  the  ntimher  of  acres  of  land  approved  by  the  Secretary  of  the  Interior 
and  subsequently  patented  to  the  Northern  Pacific  IxaUroad  Company,  the  date  of  approval 
of  each  list,  and  the  date  of  tach  patent. 

■  GRANTED  LIMITS. 


No.  of 
list. 

State  or  Territory. 

Acres. 

Date  of 
approval. 

Date  of 
patent. 

No.  of 
patent. 

1 

Minnesota    

190, 290. 70 

184,  595.  06 

255,  832  09 

17,919.32 

94,  936. 27 

Jan.  13,1873 
Apr.  7.1873 
June  12,1873 
July  12,1873 
Oct.    13,1873 

Mar.  24, 1880 

Jan.  18,1873 
Apr.  24,  1873 
July    7,  1873 
Aug.   7.1X73 
Nov.  4,1873 

Apr.    8,1880 

1 

2 
3 

do 

do 

2 
3 

4 
5 

do 

do 

4 
5 

Total 

743.  573.  44 

"Washington 

1 

3,016,08 

6 

RECAPITULATION. 

Arres. 

Minnesota 743.573.44 

Washington 3.(ii6.  08 

Total 746,589.52 


(1.) 

Northern  Pacific  Railroad  Company, 
Land  Department, 

Washimjtoii,  D.  C,  May  -23,  1874. 
Sir:  The  Northern  Pacific  Railroad  Company  are  deHirons  of  obt«ining  y)atent  for 
the  lauds  selected  by  them  in  Dakota  Territory,  a  list  of  which  is  now  on  your  files. 

If  no  objection  exists,  I  respectfully  ask  that  the  same  may  be  passed  into  patent  as 
early  as  possible.     Please  iuform  me  of  your  action  in  the  premises. 
Very  respectfully, 

W.  K.  MENDENHALL. 
Hon.  W.  W.  Curtis, 

Acting  Commissioner  General  Land  Office. 

(Indorsement :)  L.  3186.    W.  K.  Mendenhall,  Washington,  D.  C,  May  23,  1874,  asks 
for  patent  for  Northern  Pacific  Railroad  Company  for  lauds  in  Dakota  Territory. 


NORTHERN   PACIFIC    RAILROAD    COMPANY.  11 

(2.) 

Department  of  the  Interior,  General  Land  Office, 

Washington,  D.  C,  Maii  27,  1874. 
Sir  :  In  reply  to  yonr  letter  of  23d  instant,  stating  tliat  tlie  Northern  Pacific  Rail- 
road Company  are  desirous  ofolitaininp  at  an  early  date  patent  for  the  lands  selected 
by  them  in  Dakota  T«  rritory,  a  list  of  which  is  now  befoie  this  office^  I  have  to  state 
that,  in  accordance  with  the  act  of  Congress  approved  July  15,  1870  (Stat.  IC,  j).  HOo), 
requiring  the  company  to  i)ay  the  cost  of  surveying,  selecting,  and  conveying  tln-ir 
lands  before  receiving  patents,  I  decline  to  certify  any  more  lands  for  patent  to  the 
company  until  such  fees  are  paid,  not  only  on  the  lauds  asked  to  be  patented,  but  on 
those  already  patented. 
Very  respectfully, 

W.  W.  CURTIS, 

Acting  Commissioner. 
W.  K.  Mendenhall,  Esq., 

Attorney  Northern  Pacific  Bailroad  Company, 

Washington,  D.  C. 


(3.) 

Northern  Pacific  Railroad  Company,  Land  Department, 

Washington,  D.  C,  Jvve  ^i),  1874. 
Sir:  The  Northern  Pacitic  Railroad  Company  paid  fees  to  the  amount  of  |;3,7H8,60 
on  certain  lands  in  the  Oak  Lake  and  Alexandria  land  district,  Minnesota,  for  which 
lands  the  company  have  failed  to  receive  patents  for  the  reason  that  in  the  oj)inion  of 
the  Seci<  tary  of  the  Interior  the  lands  inure  to  the  grant  for  the  Saint  Paul  and 
I'acitic  Railioad  Company  (Saint  Vincent  extension).  The  company  now  asks  that 
this  money  may  be  refunded  to  them,  but  desire  it  to  be  distinctly  understood  that 
this  aiqtlication  is  not  to  be  construed  as  in  any  way  a  relinquishment  of  the  Ian'  in 
question,  and  is  not  to  i»rejudice  the  right  of  the  comyjany  to  renew  at  any  future 
time  its  apjdication  for  the  lands,  should  the  courts  give  a  fivorable  decision  to  their 
right  thereto. 

I  I herelore  respectfully  ask  that  you  will  give  such  instructions  to  the  company 
and  the  district  land  officers  as  will  enable  us  to  obtain  the  money. 
Very  respectfully, 

\V.  K.  MENDENHALL,       , 
For  Northern  Fatific  liuilroad  Company. 
Hon   S.  S.  Burdett, 

Commissioner  General  Land  Office. 


(4.) 

Department  of  the  Interior,  General  Land  Office, 

Washington,  />.  C,  June  27,  1874. 
Sir:  In  reply  to  your  letter  of  26th  instant,  respecting  certain  fees  paid  by  the 
Northern  Pacitic  Railiond  Company  on  selections  uia<l>  of  lands  in  the  Oak  Lake  and 
Alexandria  land  districts.  Minnesota,  but  subsequently  awanled  by  the  hofu.raltle 
Secretary  of  the  Interior  to  the  Saint  Paul  and  Pacitic  Railroad  Company  (Saint  Vin- 
ceit  extension),  I  have  to  state  that  the  money  has  been  paid  and  covere<l  into  the 
Treasury,  and  therefore  is  beyond  the  control  of  this  office. 
Very  respectful!  v, 

S.  S.  BURDKTT, 

Comnii.:isioiter. 
W.  K.  Mendenhall,  Esq., 

Washington,  D.  C. 


(5.) 

Northern  Pacific  Railroad  Company,  Land  Department, 

Washington,  D.  C,  Jiine'Z\i,  1874, 
Sir  :  In  my  letter  of  2Gth  instant  relative  to  f^es  paid  by  the  Northern  PaeiMc.  Rail- 
road Company  for  lands  subsequently  awanled  to  the  Saint  Paul  and  Pacific  Railmad 
Company  it  was  my  iuteiition  to  have  asked,  in  case  the  money  could  not  be  leturned, 


12  NORTHERN   PACIFIC    RAILROAD    COMPANY. 

that  the  company  shouUl  be  allowed  credit  for  the  same  upon  future  selections  under 
their  f^r;int,  as  Itas  been  the  rul^  in  other  like  cases  ;  I  refer  yon  particnlarly  to  the 
case  of  the  Saint  Paul  and  Sioux  City  and  Winoua  and  Saint  Peter  Railroads  case. 
I  therefore  now  ask  that  you  will  accord  to  this  company  the  same  privilege  hereto- 
fore granted  other  railroad  companies  under  similar  circumstances. 
Very  respectfully, 

W.  K.  MENDENHALL, 
Attorneij  Northern  Pacific  Railroad  Company. 

Hon.  S.    S.    BURDKTT, 

Commissioner  General  Land  Office. 


(6.) 

Department  of  the  Interior,  General  Land  Office, 

Washington,  D.  C,  July  14, 1874. 
Sir:  In  reply  to  your  letter  of  'iOth  ultimo  respecting  the  fees  paid  by  your  com- 
pany on  certain  lands  afterwards  found  to  be  in  the  limits  of  the  Saint  Paul  and  Pa- 
cific Railroad,  Saint  Vincent  extension,  and  therefore  rejected  from  the  lists  certified 
for  your  road,  I  have  to  state,  that  we  will  credit  you  with  that  amount  on  selections 
hereafter  to  be  made  on  account  of  your  graut.  There  is  no  provision  of  law  which 
authorizes  this  offi(;e  to  return  the  amount  thus  erroneously  paid. 
Very  respectfully, 

S.  S.  BURDETT, 

Commissioner. 
W.  K.  Mendenhall,  Esq., 

Attorney  Nortliern  Pacific  Railroad  Company,  Washington,  D.  C. 


(7.) 

Department  of  the  Interior,  General  Land  Office.     . 

Washington,  D.  C,  March  29,  1882. 

Sir:  By  a  proviso  to  the  act  of  Congress  approved  July  15,  1870  (16  Stats, 305),  the 
Northern  Pacific  Railroad  Company  is  required  to  pay  the  cost  of  surveying,  seleot- 
iny:,  and  conveying  the  lands  granted  to  it  by  the  act  of  July  2,  1854. 

Upon  examination,  I  find  that  said  company  has  not  paid  the  cost  of  surveying  and 
conveying  743,90o.(i4  acres  of  land  in  Minnesota,  for  which  patents  issued  in  187J. 
Said  costs  amount  to  $20, 182.38,  and  1  have  to  request  through  yon  the  payment  of 
that  sum  into  theTrt-asury,  as  reqtiired  by  the  act  cited. 

Stated  in  detail,  the  costs  are  as  follows : 

Survey,   including  field  and  office  work,  of  190,290.70  acres  in 

patent  No,  1,  dated  January  18,  1873 ^ $6, 645  16 

Conveying  same 24  42 

|6, 769  68 

Survey,  &c.,  of  184,928.26  acres  in  patent  No.  2,  dated  April  24, 

1873 5,399  71 

Conveying  same 39  77 

5,439  48 

Survey,  &c.,  of  255,832.09  acres  in  patent  No.  3,  dated  July  7, 

1873 10, 180  68 

Conveying  same 53  86 

10,234  54 

Survey,  &c.,  of  17,919.32  acres  in  patent  No.  4,  dated  August  7, 

1873 424  09 

Conveying  same 8  96 

433  05 

Survey,  &c.,  of  94,936.27  acres  in  patent  No.  5,  dated  November 

4,  1873 3,270  89 

Conveying  same 31  74    3,  305  63 

Total - 26,182  38 

I  have  to  ask,  further,  that  yon  communicate  this  request  to  the  proper  officers  of 
said  company,  and  that  speedy  action  be  taken  thereon. 
Very  respectfully, 

N.  C.  McARTHUR, 
W.  K.  Mendenhall,  Esq.,  Commissioner. 

Attorney  for  Northern  Pacific  Railroad  Company,  Washington,  D.  C. 


NORTHERN    PACIFIC    RAILROAD    COMPANY.  13 

(8.) 

Office  of  the  General  Counsel  of  the 

NoRTHKiiN  Pacific  Railroad  Company, 
No.  2  Nassau  Street,  New  York,  Jpril  3,  1882. 

Sir:  Yonr  letter,  F,  dated  29th  ultimo,  to  W,  K.  Mendenliall,  esq.,  attorney  for 
Noitberu  Pacific  Railroad  Company  at  Washin<,'ton,  reqneatinj^  Hiroufrh  him  pay- 
ment into  the  Treasury  of  $2f),182.:i8  as  the  costsof  survej  inj;  and  conveying  74:^,1)06.64 
acres  of  land  iu  Minnesota,  for  which  patents  issued  in  1873,  which  costs,  yon  state, 
the  company  is  required  to  pay  by  a  proviso  to  the  act  of  Congress  approved  July  15, 
1870  (16  Stats.,  305),  and  asking  him  further  to  communicate  your  request  to  the 
proper  officers  of  said  company,  and  that  speedy  action  be  taken  thereon,  has  been 
forwarded  to  me. 

Your  letter  above  mentioned  is  the  first  demand  or  request  received  directly  or  in- 
directly from  any  one  for  such  payment,  and  is  the  first  intimation  given  that  it  would 
be  required  or  expected  to  be  made.  Since  receipt  of  your  letter  on  Saturday  last, 
the  subject  has  had  due  and  respectful  consideration. 

The  patents  to  which  you  refer  were  issued  long  after  the  passage  of  the  act  men- 
tioned, and  they  were  issued  without  any  demand  or  request  for  payment  of  costs. 
The  provision  of  the  act  is  to  the  effect  that  before  any  land  granted  to  this  company 
by  the  United  States  shall  be  conveyed  to  any  party  under  any  of  the  acts  incorpor-. 
ating  or  relating  to  said  company,  there  shall  first  be  paid  into  the  Treasury  of  the 
United  States  the  cost  of  surveying,  selecting,  and  conveying  the  same,  by  the  said 
company  or  party  in  interest. 

The  act  was  passed  more  than  six  weeks  after  the  passage  of  the  joint  resolution 
No.  67,  approved  May  31,  1870,  authorizing  the  company  to  issue  its  bonds  and  to  se- 
cure the  same  by  mortgage  on  its  property  and  rights  of  property,  including  the 
granted  lands.  The  words  '^  party  in  interest,"  as  used  in  the  act,  refer  to  mortgages 
or  purchasers  under  the  company. 

There  is  no  obligation  or  liability  of  the  company  or  "party  in  interest "  to  the 
United  States  created  by  the  provisions  of  the  act  to  which  you  refer. 

The  lands  were  mortgaged  by  the  company  July  1,  1870,  two  weeks  prior  to  the 
passage  of  the  act  requiring  the  costs  of  surveying,  &c.,  to  be  paid  to  the  United 
States  before  patents  should  be  issued,  and  the  moitgages  or  subsequent  purchasers 
are  the  parties  in  interest.  But  their  interest  or  estate  cannot  be  bnrthened  by  the 
costs  of  surveying  the  lands.  Neither  can  it  be  justly  or  lawfully  claimed  that  they 
or  the  company  are  indebted  to  the  United  States  for  those  costs  by  reason  of  the  act 
referred  to  or  the  issuance  of  the  patents. 

If  the  company  were  to  pay  the  money  now  demanded  it  would  only  be  at  the  ex- 
pense of  the  mortgages;  and  it  cannot  legally  or  equitably  so  dispose  of  any  part  of 
the  fund  appropriated  in  trust  for  the  payment  of  the  moneys  lent  by  them  on  the 
security  of  the  lands. 

The  foregoing  is  deemed  a  sufficient  reply  to  the  demand  for  payirent  into  the 
Treasury  of  the  $26,182.38  mentioned;  but  inasmuch  as  the  question  may  again  arise, 
under  the  act  of  Congress  approved  Jnly  31,  1876(19  Stats.,  121),  I  beg  leave,  re- 
spectfully, to  submit  the  following  additional  statement : 

(1)  Congress  in  the  grant  to  this  company  (13  Stats,  at  Large,  sec.  4,  p.  368) 
expressly  enacted  :  ''That  patents  shall  be  issued  to  the  company,  confirming  to  it 
the  right  and  title  to  the  granted  lands  situated  opposite  to,  and  coterminous  with, 
the  completed  sections  of  the  road,  whenever  commissioners  appointed  by  the  Presi- 
dent shall  verify  the  same  ;  "  and  (sec.  6,  p.  369)  ''That  the  President  of  the  United 
States  shall  cause  the  lands  to  be  surveyed  for  40  miles  in  width  on  both  sides  of  the 
entire  line  of  said  road,  after  the  general  route  shall  be  fixed,  and  as  fast  as  may  be 
required  by  the  construction  of  the  said  railroad." 

(2)  When  the  bill  for  this  act  was  under  consideration  iu  Congress,  several  amend- 
ments were  projiosed  in  the  Senate,  among  which  was  the  following,  numbered  24, 
namely  : 

"  Sec.  21.  And  he  it  further  enacted,  That  before  any  land  granted  by  this  act  shall  be 
conveyed  to  said  company  or  party  entitled  thereto,  under  this  act,  there  shall  be 
first  paid  into  the  Treasury  of  the  United  States,  by  the  said  company  or  party  in 
interest,  the  gross  cost  of  surveying,  selecting,  and  conveying  the  same,  which  amount 
shall,  without  any  further  appropriation,  stand  to  the  credit  of  the  proper  account,  to 
be  used  by  the  Commissioner  of  the  General  Land  Office  for  the  prosecution  of  the  sur- 
vey of  the  public  lands  along  the  line  of  said  road,  and  so  from  year  to  year  until  the 
whole  shall  be  completed  as  provided  under  the  provisions  of  this  act."  (Congres- 
sional Globe,  first  session  Thirty-seventh  Congress,  1863-'64,  p.  3290.) 

The  Senate  adopted  this  amendment,  but  after  the  report  of  a  coirimittee  of  con- 
ference it  agreed  to  recede  and  it  did  recede  therefrom.    (/&.,  pp.  3459  and  3482.) 

Precisely  such  provision  was,  however,  incorporated  in  the  other  Pacific  railroad 
act,  approved  the  same  day  (13  Stats.,  pp.  356,365);  but  it  will  be  observed  that  the 


14  NORTHERN    PACIFIC    RAILROAD    COMPANY. 

grantee  in  that  case  received  a  money  subsidy  in  addition  to  a  grant  of  lands,  and 
that  the  provision  was  incorporated  in  the  grant  itself,  and  was  accepted  by  the 
grantee. 

Tlie  Northern  Pacific  Railroad  Company,  therefore,  is  exemptedby  law  from  the  pai/- 
metit  of  suck  costs.  The  proviso  in  the  act  of  1870  is  repeale<l  by  that  in  the  act  of 
18r<),  for  the  reason,  in  the  hiugnage  of  the  Supreme  Court,  that  even  where  two  acts 
are  not  in  ex|>ress  terms  repugnant,  yet  if  the  latter  act  covers  the  whole  subject  of 
the  tirst,  and  embraces  new  provisions,  plainly  showing  that  it  was  intended  as  a 
substitute  for  the  first  act,  it  will  oi)erate  as  a  repeal  of  th  it  act.  (U.  S.  v.  Tynen, 
11  Wallace,  88,  92,  and  cases  cited  by  the  court  in  the  note.) 

(:i)  The  charter  of  the  Northern  Pacidc  Railroad  Company  is  a  contract  between 
the  United  Stales  and  the  company,  and  in  respect  of  the  grant  cannot  be  altered 
by  either  without  consent  of  the  other.  (Davis  r.  Gray,  Iti  Wallace,  203,  232,  and 
cases  cited;  Home,  &c.,  v.  Rouse,  8  H.,  430,  437;  Bank  v.  Skelly,  6  Black,  43d,  448, 
&c,) 

The  very  question  now  under  consideration  was  decided  by  the  supreme  court  of 
the  State  of  Minnesota  (The  Northwestern  Rei)orter,  vol.  9,  p.' 761)  in  a  case  where  a 
purchaser  from  the  company  claimed  that  his  lands  were  not  subject  to  State  or  mu- 
nicipal taxation  under  the  authority  of  Railway  Company  v.  Prescott  (16  Wallace, 
603)  and  Railway  Company  v.  McShane  (22  Wallace,  444).  The  court,  after  quoting 
the  provision  in  the  act  of  July  15,  1870,  tliat  before  any  land  granted  to  the  com- 
pany shall  be  conveyed  the  costs  of  surveying,  &c.,  shall  lirst  be  paid  by  the  com- 
pany or  party  in  interest,  say: 

"If,  then,  we  leave  out  of  view  the  provision  before  quoted  as  to  the  payment  of 
the  cost  of  surveying,  «fec.-,  the  case  is  one  in  which,  under  repeated  decisions  of  the 
Federal  Supreme  Court,  the  right  and  title  of  the  company  to  the  lands  became  such 
that  they  ceased  to  belong  to  the  United  States,  and  are,  therefore,  subject  to  taxa- 
tion in  accordance  with  the  laws  of  this  State.  Is  this  result  affected  by  the  provi- 
sions as  to  payment  of  cost  of  surveying  &c.,  in  the  act  of  July  15,  1'570  ?  We  think 
not.  These  provisions  seek  to  impose  a  new  condition  upon  the  grant  of  lands  made 
by  the  act  of  1864.  They  require  the  company  to  do  something  more  than  that  act 
required  it  to  do  to  earn  the  lands,  viz,  to  pay  the  cost  of  surveying,  &c.  To  that  ex- 
tent the  contract  of  the  United  States  with  the  company  is  attempted  to  be  impaired, 
and  all  hough  the  Federal  Constitution  contains  no  limitations  (in  so  many  words)  upon 
the  power  of  Congress  to  pass  laws  impairing  the  obligation  of  contracts,  the  fifth 
amendment  contains  a  clause  declaring  that  no  person  shall  be  deprived  of  property 
without  due  process  of  law.  This  covers  the  case  of  a  contract  right,  whether  the 
contract  be  executed  or  executory,  for  a  contract  right  of  either  kind  is  property. 
(Rice  V.  Ry.  Co.,  1  Black,  358;  Clark  v.  Mitchell,  64  Mo.,  564;  Twitchell  v.  Com.,  7 
Wall.,  321). 

"We  are  therefore  of  opinion  that  it  was  not  competent  for  Congress  to  pass  the  pro- 
vision requiring  the  company  to  pay  the  cost  of  surveying,  &c.,  as  a  condition  prece- 
dent to  its  right  to  patents  for  the  lands  granted  to  it  by  the  act  of  1364,  and  that  that 
provision  is  therefore  not  binding  upon  the  company  and  does  not  affect  its  absolute, 
complete,  and  perfect  right  to  such  lands,  and  to  the  i^roper  evidence  of  such  right 
ui)on  compliance  with  the  terms  in  that  act  specified.  The  power  of  amendment  re- 
served in  the  twentieth  section  ot  the  charter  obviously  fails  to  embrace  any  authority 
to  attach  any  such  new  condition  to  the  grant.  This  case  is  distinguishable  from 
Railway  Company  v.  Prescott  (16  W^alL,  603)  atid  Railwaj'  Company  v.  McShane  (22 
Wall.,  444).  In  both  of  these  cases  the  enactment  requiring  payment  of  the  expenses 
of  surveying,  locating,  and  selecting  the  lands  granted  to  the  company,  as  condition 
precedent  to  the  issue  of  patents,  was  one  section  of  an  act  so  amending  the  original 
charter  of  the  Union  Pacific  Railroad  Company  as  largely  to  increase  its  original  grant 
of  lands.  That  act  was  one  whole,  and  in  accepting  and  availing  itself  of  the  increase 
of  its  land  grant  the  company  accepted  the  whole  act,  thereby  assenting  to  the  im- 
position of  this  new  condition  attached  to  its  right  to  its  original  land  grant." 

I  respectfully  submit  that  the  foregoing  presents  ample  reason  why  the  Govern- 
ment has  not  heretofore  demanded  payment  from  this  company  of  the  costs  of  survey- 
ing and  conveying  the  lands,  and  why  the  company  has  not  paid  them. 
Yonr  obedient  servant, 

GEO.  GRAY, 
General  Counsel,  Northern  Pacific  Railroad  Company. 

Hon.  N.  C.  McFarland, 

Commissioner  of  the  General  Land  Office,  Washington,  D.  C. 

(Indorsement :)  28108.  Received  April  7,  1882.  George  Gray,  No.  2  Nassau  street, 
New  Yrtrk  City.  Date,  April  3,  1882.  Ref.  to  our  letter  29th  ult.  to  W.  H.  Men- 
denhall,  regarding  payment  of  $26,182.38  as  cost  for  surveying  lands  granted  to 
Northern  Pacific  Railroad  Company,  and  is  of  the  opinion  that  it  was  not  competent 
for  Congress  to  pass  proviso  requiring  company  to  pay  said  cost.  To  Secretary,  with 
letter  of  April  38,  1882  ;  copy  retained.  File  with  Northern  Pacific  Railroad  pjipers. 
S.  R.  E.     Returned  by  Secretary  June  5,  1882. 


NORTHERN   PACIFIC    RAILROAD    COMPANY.  15 

Department  of  the  Interior,  General  Land  Office, 

IVashington,  D.  C,  Ajml'ZS,  1882. 

Sir:  A  proviso  to  tbe  act  of  Congress  making  appropriations  for  sundry  civil  ex- 
penses of  the  Government,  approved  Jnly  15,  1870  (16  Stats.,  p.  30.')),  declares  that 
before  any  land  granted  to  the  Northern  Pacific  Railroad  Company  shall  be  conveyed 
to  any  i)arty  entitled  thereto  under  any  of  the  acts  incorf)orating  or  relating  to  said 
company,  "there  shall  first  be  paid  into  the  Treasury  of  the  United  States  the  cost  of 
surveying,  selecting,  and  conveying  the  same  by  said  company  or  x>arty  in  interest." 

Beiijg  in  an  apj)r(>priation  act,  this  proviso  appears  to  have  escaped  attention  in 
tlie  division  of  this  ofhce  charged  with  the  adjustment  of  grants  for  railroad  purposes 
nntil  1874,  as  I  find  no  reference  to  it  in  the  records  relating  to  such  grants  until  that 
year. 

It  does  not  appear  in  the  table  of  acts  relating  to  railroad  grants  published  in  the 
annual  reports  of  this  office  prior  to  the  report  for  the  fiscal  year  ending  June  30, 
1''74. 

Between  Janiiary  18  and  November  4, 1873,  patents  were  issued  to  said  corapanj'  for 
74:^,906,64  acres  of  land  in  Minnesota,  upon  which  the  costs  of  surveying  and  convey- 
ing have  not  been  paid. 

The  cost  of  surveying  these  lands,  including  office  work,  is $26,020.53,  and  the  cost  of 
conveying  the  same  is  $161.85,  making  a  total  of  $26,182.38.  •  By  letter  from  this  office 
dated  May  27,  1874,  W.  K.  Mendenhall,  resident  attorney  for  said  company,  was  in- 
formed that  no  more  patents  would  issue  until  said  costs  were  paid.  The  cost  of  select- 
ing the  land  was  p.iid  at  the  time  the  selections  were  filed,  such  payment  being  also 
required  by  the  general  law  of  July  1,  1864  (13  Stats.,  p.  335). 

Until  very  recently  no  further  action  appears  to  have  been  taken  to  secure  the  pay- 
ment of  these  costs. 

It  is  understood  that  the  company  sought  relief  by  Congress,  and  this  is  probably  the 
reason  no  demand  for  payment  was  pressed  at  the  time,  and  the  matter,  being  laid 
aside,  escaped  attention. 

It  came  up  in  connection  with  the  preparation  of  a  recent  report  to  the  Department 
respecting  land-graut  railroads  which  were  not  completed  within  the  statutory  period. 

In  my  letter  of  the  29tli  ultimo  (copy  inclosed),  a  demand  for  payment  of  the  amount 
diie,  as  above  stated,  was  made  through  Mr.  Mendenhall.  I  have  received  a  communi- 
cation, dated  the  3d  instant,  from  George  Gray,  esq.,  of  New  York  Ci  ty,  general  counsel 
for  said  company,  in  reply  to  said  demand. 

Mr.  Gray  claims  that  the  act  cited  created  no  obligation  or  liability  of  the  company 
or  party  in  interest  to  the  United  States.  He  also  claims  that  the  company  is  not  liable 
for  costs  of  this  kind,  even  under  the  proviso  to  the  act  of  July  31,  1876  (19  Stats.,  p. 
121),  by  which  all  companies  to  which  grants  have  been  made  are  required,  unless  ex- 
empted by  law,  to  pay  the  cost  of  surveying,  selecting,  and  conveying  lands  prior  to  the 
issue  of  patents. 

I  transmit  this  communication,  which  is  equivalent  to  a  refusal  on  the  part  of  the 
company  to  pay  the  amount  due,  in  order  that  steps  may  be  taken  to  secure  payment  by 
judicial  proceedings,  or  such  other  action  had  as  may  be  by  you  deemed  advisable. 
Very  respectfully; 

N.  C.  McFARLAND, 

Cammisaioner. 

Hon.  H.  M.  Teller, 

Secretary  oj  the  Interior. 


(10.) 


Department  of  the  Interior, 

Washington,  June  5,  1882. 

Sir  :  The  papers  submitted  to  me  with  your  communication  of  April  28,  1882,  show 
that  in  the  year  1873,  between  January  18  and  November  4,  patents  were  issued  to 
the  Northern  Pacific  Railroad  Company  for  743,906.64  acres  of  land  in  Minnesota,  and 
that  the  cost  of  surveying  and  conveying  such  lands  was  $36,182.38.  That  from  the 
fact  that  the  provision  requiring  the  payment  of  such  cost  before  conveyance  was  in 
an  appropriation  bill,  the  attention  of  the  proper  division  was  not  called  to  the  jjro- 
viso  nntil  1874,  and,  in  consequence,  payment  of  such  cost  was  not  required  at  the 
time  the  patents  were  issued.  That  the  company  now  refuses,  upon  a  demand  prop- 
erly made,  to  pay  such  cost,  and  claims  further  that  it  cannot  be  required  to  pay  the 
ex])ense  of  surveying,  &c.,  any  of  the  lands  granted  to  it  by  the  act  approved  July  2, 
1864  (13  Stat.,  365). 

Section  4  of  such  act  provides  that  upon  the  report  of  the  Commissioners,  patents 
shall  be  issued  confirming  to  the  company  the  right  and  title  to  the  lands. 


16  NORTHERN    PACIFIC    RAILROAD    COMPANY. 

Section  5,  that  the  President  shall  cause  the  lands  to  he  surveyed  for  40  miles  in 
width,  on  both  sides  of  the  entire  line,  after  the  general  ronte  shall  be  fixed. 

The  act  does  not  contain  any  provision  requiring  payment  by  the  grantee  of  the 
costs  of  surveying,  &c.,  the  lands  grauted. 

It  seems  that  such  a  provision  was  adopted  by  the  Senate  when  the  act  was  under 
consideration,  but  that  the  Senate  subsequently  receded  therefrom. 

The  act  does  provide  that  ''Congress  may  at  any  time,  having  due  regard  for  the 
rights  of  said  Northei'n  Pacific  Railroad  Company,  add  to,  alter,  amend,  or  repeal  this 
act." 

The  appropriation  bill  before  referred  to,  approved  July  15,  1870  (16  Stat.,  305), 
after  appropriating  !$95,9d0  for  survey  of  lands  within  the  limit  of  the  land  grant  to 
such  company,  piovides  that,  before  any  lauds  granted  thereto  shall  be  conveyed, 
there  shall  be  first  paid  into  the  Treasury  of  the  United  States,  by  such  company,  the 
cost  of  surveying,  selecting,  and  conveying  the  same. 

The  act  approved  July  31, 1876  (19  Stat.,  121),  provides  that  before  any  land  granted 
to  any  railroad  company  by  the  United  States  under  ami  acts,  unless  such  company 
is  by  law  exempted  from  the  payment  of  such  cost,  shall  be  conveyed,  there  shall  be 
first  paid  the  cost  of  surveying,'  &c. 

It  is  claimed  by  counsel  for  the  company  that  the  effect  of  the  act  of  July  31,  1876, 
is  to  repeal  the  act  of  July  15,  1870,  in  respect  to  the  provision  above  referred  to;  this 
may  be  true,  but  it  does  not  appear  how  that  affects  the  questions  arising  and  the 
acts  done  before  the  act  of  July  31,  1876.  The  company  claims  that  it  is  exempted 
by  law  from  the  payment  of  all  such  costs;  that  the  grant  of  July  2,  1864,  is  a  con- 
tract, that  no  new  condition  can  be  imposed,  and  that  the  acts  of  July  15,  1870,  and 
of  July  31,  1876,  requiring  the  payment  of  such  costs  are  invalid,  and  in  violation  of 
the  provision  in  the  fifth  amendment  to  the  Federal  Constitution  to  the  effect  that 
private  property  shall  not  bo  taken  for  public  use  without  just  compensation. 

This  Department  cannot  disregard  the  acts  of  Congress,  and  treat  them  as  invalid. 

Congress  made  the  appropriation  of  195,980  before  referred  to,  and  annexed  thereto 
the  provision  that  before  the  patents  were  issued  the  company  should  pay  the  costs 
of  surveying,  i&c. 

The  company  cannot  well  refuse  to  comply  with  the  condition  annexed  to  the  ap- 
propriation. It  has  not,  until  the  payment  of  such  costs,  absolute  and  complete  title 
to  the  lands  granted. 

In  Railway  Company  vs.  McShane  (22  Wall.,  434),  Mr.  Justice  Miller  says: 

"That  the  payment  of  these  costs  of  surveying  the  land  is  a  condition  precedent 
to  the  right  to  receive  the  title  from  the  Government  can  admit  of  no  doubt.  Until 
this  is  done,  the  equitable  title  of  the  company  is  incomplete.  There  remains  a  pay- 
ment to  be  made  to  complete  it. 

**The  title  does  not  pass  so  as  to  subject  the  lands  to  State  taxation  until  the  pat- 
ents are  issued,  or  at  least  not  uctil  the  costs  of  surveying  are  paid."     (-?&•) 

If  the  effect  of  the  act  of  July  31,  1876,  was  to  repeal  the  act  of  July  15,  1870,  yet 
the  provision  in  the  act  of  1876,  being  general,  applies  to  the  grant  to  the  company  in 
question. 

In  the  original  grant  donating  to  the  Northern  Pacific  Railroad  Company  a  large 
amount  of  the  public  domain  Congress  expressly  reserved  the  right  to  "  add  to,  alter, 
amend,  or  repeal"  the  act; 

The  effect  of  that  reservation,  or  whether  under  it  Congress  had  the  power  to  enact 
the  provision  in  the  law  of  1876,  relating  to  costs  of  surveying,  &c.,  and  apply  it  to 
the  grant  in  question,  is  a  subject  for  the  consideration  of  the  courts  rather  than  for 
this  Department. 

It  is  further  urged  by  the  counsel  for  the  company  that  payment  of  such  expenses 
should  not  now  be  required,  for  the  reason  that  the  lands  were  mortgaged  July  1, 
1870 — prior  to  the  passage  of  the  act  requiring  such  payment— under  sanction  of  a 
joint  resolution  of  Congress,  approved  May  31,  1870,  and  that  the  mortgagees  are  the 
parties  interested,  and  that  their  interest  or  estate  cannot  be  burdened  with  such 
costs. 

In  answer  to  the  same  point  made  in  the  case  already  referred  to  (  22  Wall.,  444), 
the  court  said : 

"  It  is  not  necessary  to  go  into  the  merely  technical  question  whether  the  legal  title 
passed  from  the  United  States  by  virtue  of  that  mortgage  and  the  act  of  Congress 
which  authorized  it,  nor  whether,  if  it  becomes  necessary  to  foreclose  the  mortgage, 
tlie  rights  of  the  United  States  in  the  land  would  be  divested  by  the  proceeding." 

It  is  claimed  that  the  opinions  given  in  16  Wall.,  603,  and  22  lb.,  444,  do  not  apply  to 
the  grant  in  question,  because  the  provisions  relating  to  such  expenses  as  to  other 
grants  were  in  amendatory  acts,  which  enlarged  the  original  grant,  and  were  accepted 
by  the  grantees. 

It  can  hardly  be  claimed,  however,  that  the  decisions  were  placed  upon  that  ground. 
It  was  expressly  held  that  the  provision  must  be  applied  to  the  old  grant  as  well  as  to 
the  new  one. 


NORTHERN    PACIFIC    RAILROAD    COMPANY.  17 

Souie  streHS  seenis  to  have  been  given  to  the  fact,  alike  true  in  this  case,  that  the 
loafl  had  not  been  built  at  the  time  the  amendatory  act  was  passed.     (16  Wall.,  608.) 

The  fact  that  the  patents  issued  to  the  company  in  1873  were  issued  without  re- 
quiring payment  at  the  time  of  delivery,  underthe  circumstances  before  stated,  aflfbrds 
no  just  or  <'(initable  reason  for  a  refusal  on  the  part  of  the  company  to  now  comply 
with  the  plain  requiiements  of  the  acts  referred  to. 

It  was  perhaps  as  much  the  duty  of  the  company  to  offer  payment  as  of  the  Depart- 
ment to  require  it. 

It  is  difficult  to  see  how  a  mere  delivery  of  the  patents  could  be  a  waiver  of  pay- 
ment, or  a  discharge  of  the  indebtedness  of  the  company  to  the  Government  for  the 
expenses  incurred. 

It  cannot  be  found  under  the  circumstances  of  the  delivery  that  there  was  any  in- 
tention to  issue  the  patents  without  payment. 

If  it  is  true  that  the  act  of  July  15,  1870,  is  a  valid  act,  and  it  must  be  so  held  by 
this  Department  until  otherwiso  adjudicated,  then  there  is  no  good  reason  why  the 
company  should  not  be  held  to  pay  such  expenses. 

The  company  has  not  complied  with  all  the  conditions  of  the  grant,  and  is  hardly 
in  a  condition  to  refuse  to  comply  with  the  acts  referred  to,  upon  the  technical  ground 
that  it  obtained  or  received  a  delivery  of  the  patents  without  payment  of  such  ex- 
penses being  requested  at  the  time. 

I  am  of  the  opinion  that  no  further  patents  should  be  issued  to  the  Northern  Pa^ 
eific  Railroad  Company  without  payment  of  the  cost  of  surveying,  selecting,  and  con- 
veying the  lands  covered  by  th«>  patents  to  be  issued. 

And  also,  that  further  patents  should  be  withheld  until  the  $26,182..38  exj^ense  of 
surveying  and  conveying  lands  already  patented  shall  be  paid. 

Notice  was  given  by  tlie  Commissioner  of  the  General  Land  Office  to  such  company 
by  letter  to  Mr.  Mendenhall,  its  attorney.  May  27,  1874,  that  no  further  lands  would 
be  certified  for  patents  until  the  fees  for  surveying,  &c.,  were  paid,  not  only  on  the 
lands  asked  to  be  patented,  but  also  on  those  already  patented. 

I  think  this  view  should  be  maintained,  and  also  that  you  should  not  recognize  the 
right  of  the  Northern  Pacific  Railroad  Company  to  make  selection  of  lands  until 
payment  is  made  as  herein  specified. 
Very  respectfully, 

H.  M.  TELLER, 

Secretary. 

The  Commissioner  of  the  General  Land  Office 

(Indorsement:)  45140.  General  Land  Office,  received  June 7, 18*2,  from  Interior  De- 
partment. Secretary,  dated  June  5,  1882,  transmits  opinions  on  papers  submitted 
April  28,  1882,  relative  to  the  further  issuance  of  patents  to  Northern  Pacific  Railroad 
Company.  Edwards,  June  10,  1882,  copy  to  George  Gray  ;  Mendenhall  advised.  In- 
structions to  railroad  along  line  of  grant  fri>m  Minnesota  to  Washington  Territory, 
inclusive,  not  to  receive  selections  until  further  orders.  File  with  Northern  Pacific 
Railroad  papers.  S.  R.  E.  Referred  to  Division  F.  Gray's  argument  returned  with 
this,  filed  in  its  proper  jacket.     1882      See    1882. 


28,  108  93, 154 


(11.) 


Department  of  the  Interior,  General  Land  Office, 

Washington,  D.  C,  June  10,  1882. 
Sir:  I  inclose  a  copy  of  the  opinion  of  the  Secretary  of  the  Interior,  dated  the  5th 
instant,  respecting  the  liability  of  the  Northern  Pacific  Railroad  Company  for  the  cost 
of  surveying  and  conveying  lands  granted  to  said  company. 

Following  the  directions  therein  contained,  payment  of  such  costs  will  be  required 
before  the  issue  of  patents  to  said  company,  and  no  further  patents  will  be  issued 
until  the  amount  due  upon  lands  patented  in  1873  ($26,182.38)  is  paid.  Neither  will 
further  selections  of  land  by  said  company  be  recognized  until  the  above  amount  is 
paid,  and  the  local  officers  of  the  proper  districts  have  this  day  been  instructed  to  de- 
cline to  receive  such  selections  until  further  orders. 
Very  respectfully, 

N.  C.  McFARLAND, 

^  ,  Covimissioner. 

George  Gray,  Esq.,  ' 

General  Counsel  Northern  Pacific  Railroad  Company, 

No.  2  Nassau  Street,  New  York,  N.  Y. 

S.  Ex.  126 2 


18  NORTHERN    PACIFIC    RAILROAD    COMPANY. 

(12.) 

Dkpartment  of  the  Inteuiok,  General  Land  Office, 

Washington,  I).  C,  June  10,  imz. 
8iu:  You  are  advised  that  a  copy  of  the  opinion  of  the  Secretary  of  the  Interior, 
dated  the  oth  iiistaot,  respecting  the  liability  of  the  Nurtheru  Pacilic  Railroad  Com- 
pany, for  the  cost  of  surveying  and  convening  lands  granted  to  said   company,  has 
this  day  been  transmitted  to  George  Gray,  esq.,  general  counsel,  at  New  York  City. 

1  have  also  informed  Mr.  Gray  that  following  the  directions  contained  in  said  opin- 
ion, payment  of  such  costs  will  be  required  before  the  issue  of  patents  to  said  com- 
pany, and  no  farther  patents  will  be  issued  until  the  amount  due  upon  lands  patented 
in  1873  (126,182.38)  is  paid. 

Neither  will  further  selections  of  land  by  said  company  be  recognized  until  the  above 
amount  is  paid,  and  the  local  officers  of  the  proper  districts  have  this  day  been  in- 
structed to  decline  to  receive  such  sele<;tions  until  further  orders. 
Very  respectfully, 

N.  C.  McFARLAND, 

Commissiiyner. 
W.  K.  Mendenhall,  Esq., 

A  Horn  ei/  for  Northern  I*aoiJic  Railroad  Company,  Washing  ton,  D.  C. 


H'i.) 


Department  of  the  Interior,  General  Land  Office, 

Washington,  D.  C,  June  10,  1882. 
Gentlemen  :  Pursuant  to  the  direction  of  the  Secretary  of  the  Interior,  in  his  let- 
ter of  the  5th  instant,  that  no  further  selections  of  land  under  the  grant  to  the  North- 
ern Pacific  Railroad  Company  be  recognized  until  the  costs  of  surveying  and  convey- 
ing certain  lands  patented  to  the  conji)any  in  1873  are  paid,  you  are  instructed  to 
decline  to  receive  such  selectibns  if  any  are  presented  until  further  orders. 
Verv  respectfullv, 

N.  C.  McFARLAND, 

Comniiiislott(yr. 
Register  and  Receiver, 

Miles  City,  Mont. 

Instructions  similar  to  the  above  were  sent  to  the  local  officers  for  all  the  land  diB- 
tricts  in  which  the  grant  to  the  Northern  Pacilic  Railroad  Company  is  situated. 


(14.) 

[Office  of  the  general  counsel  of  the  Northern  Pacific  Railroad  Company,  No.  2  Nassau  street.] 

New  York,  September  18,  1882. 
Sir:  I  have  the  honor  to  inform  you  that  the  Northern  Pacific  Railroad  Co)npany 
has  this  day  paid  to  the  Treasurer  of  the  United  States  the  sum  of  |26, 182.38  for  cost 
of  surveying,  selecting,  and  conveying  743,900.04  acres  of  land  in  Minnesota,  for  which 
patents  issued  to  this  company  in  1873  as  per  letter  of  the  honorable  the  Commis- 
sioner of  the  General  Land  Office,  of  date  March  29,  1882,  and  by  reason  of  your  de- 
cision of  date  June  5,  1882,  a  copy  of  which  was  transmitted  to  me  by  the  Commis- 
sioner, with  his  letter  of  date  June  10  last. 

And  I  beg  leave  to  say  that  the  payment  is  made  by  the  conipany  under  protest, 
and  without  waiving  any  rights  it  may  have  in  the  premises. 

I  have  the  honor  to  be,  with  great  respect,  your  obedient  servant, 

GEO.  GRAY, 
General  Counsel  Northern  Pacific  liailroad  Company. 
Hon.  H.  M.  Teller, 

Secretary  of  the  Interior. 

(Indorsement :)  2802.  M.  76835.  Department  of  the  Interior.  Received  Sept. 
19,  1882.  L.  and  R.  R.  Div.  Rec'd  Oct.  4,  1882.  Geo.  Gray,  general  counsel  of  Nor, 
Pac.  R.  R.  Co.,  New  York  City,  18th  Sept.,  1882.  States  that  the  company  has  paid 
to  U.  S.  Treasury  $26,182.38  for  cost  of  surveying,  &c.,  lands  in  Minnesota  within 
grant  limits.  Oct.  6,  1882,  Mr.  Gray  requested  to  furnish  duplicate  C  D.  File  N.  P. 
R.  R.  papers.     S.  R.  E. 


NORTHERN    PACIFIC    RAILROAD    COMPANY.  19 

(15.) 

Department  ok  the  Interior,  General  Land  Office, 

Washington,  D.  C,  October  6,  1882. 
Sir  :  I  am  in  receipt,  by  reference,  of  your  letter  of  the  18th  ultimo,  advisinir  the 
Secretary  of  the  Interior  that  the  Northern  Pacific  Railroad  Company  had  that  day 
paid  to  the  Treasurer  of  the  United  States  the  sum  of  $:a6, 182.38,  as  cost  of  surveying 
and  conveying  certain  lands  in  Minnesota  for  which  patents  issued  to  said  company, 
which  amount  was  held  by  this  office  in  letter  to  you  of  March  29,  1882,  and  by  the 
Department  under  date  of  June  5,  1882,  to  be  due  from  the  company  under  the  act  of 
July  15,  1»70. 

In  order  that  this  payment  may  be  made  a  matter  of  record  here  iu  due  form,  I 
have  to  request  that  the  duplicate  certificate  of  deposit  be  forwarded  to  this  office. 
Very  respectfully, 

N.  C.  McFARLAND, 

Commhsimi(T. 
Geo.  Gray,  Esq., 

General  Counsel  Northern  Pacific  Ruihoad  Company, 

No.'i  Nassau  Street,  New  York,  N.  Y. 


(l(i.) 

Treasury  Department,  Office  of  the  Secretary, 

IVashiiigton,  D.  C,  December  b,  1882. 
Sir:  In  compliance  with  your  request  of  the  2d  instant,  1  forward  herein   a  duly 
authenticated  copy  of  a  certificate  of  deposit  made  September  21,  1882,  l»y  the  North- 
ern Pacific  Railroad  Company,  in  amount  |26,182.:^8. 
Respectfully, 

H.  F.  FRENCH, 
Jsaisfaiit  Secretarif. 
Hon.  N.  C.  McFarland, 

Commissioner  General  Land  Office. 

(Indorsement :)  Treasury  Department.  Assistant  Secretary,  December  5,  1882. 
Forwards  authenticated  copy  of  C  D  made  by  N.  P.  R.  R.  Co.,  to  the  amount  of 
$20,182.38.  Referred  to  Div.  F,  Dec.  8,  1882.  '  J.  W.  D.  Dec.  14,  l8r-2,  to  R.  &  R. 
along  line  of  grant,  recalling  instructions  of  June  10,  1882.  Memlenhall  advised. 
File  with  N.  P.  K.  R.  Co.  papers.     F.  R.  E. 


(17.) 


United  States  of  America,  Treasury  Department. 

December  5,  1882. 

Pursuant  to  section  882  of  the  Revised  Statutes  I  hereby  certify  that  the  annexed 
is  a  true  copy  of  an  original  paper  on  file  in  this  Department. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the  Treasury 
Department  to  be  affixed  on  the  day  and  year  first  above  written. 

CHAS.  J.  FOLGER, 

Secretary  of  the  Treasury. 

No.  27030.]  Treasury  of  the  United  States, 

Washington,  D.  C,  Sejytembei'  21,  1882. 
I  certify  that  Northern  Pacific  RaiI»oad  Company  has  this  day  deposited  to  the 
credit  of  the  United  States  $26,182.38,  on  account  of  cost  of  surveying  743,906.64 
acres  of  laud  in  Minnesota  under  act  approved  July  31,  1876,  19  Statutes  at  large, 
page  131,  for  which  I  have  signed  duplicate  receipts. 

A.  N.  \VYM4N, 

Assistant  Treasurer  United  States. 
$26,182.38.  '  ■ 

The  original  in  all  cases  to  be  transmitted  to  the  Secretary  of  the  Treasury  at  Wash- 
ington. 


20  NORTHER>f    PACIFIC    RAILROAD    COMPANY. 

(18.) 

Department  of  the  Interiok,  General  Land  Office, 

Washinyton,  D.  C,  December  14,  1882. 
Gentlemen:  The  Northern  Pacific  Railroad  Company  having  paid  the  costs  of  sur- 
vey referred  to  in  my  letter  to  you  of  June  10,  1882,  the  instructions  therein  are  re- 
called. 

Very  respectfully, 

N.  C.  McFARLAND, 
Register  and  Receiver,  Commissioner. 

Miles  City,  Mont. 

Instructions  similar  to  the  above  were  sent  to  the  local  officers  for  all  the  land  dis- 
tricts in  which  the  grant  to  the  Northern  Pacific  Railroad  Company  is  situated. 


(19.) 


Department  ok  the  Interior,  General  Land  Office, 

Wttfihington,  D.  C,  December  14,  1882. 
Sir:  You  are  advised  that  by  letters  of  this  date  I  have  recalled  the  instructions  of 
June  10,  1882,  to  the  local  officers  along  the  line  of  the  grant  to  the  Northern  Pacific 
Railroad  Company  not  to  receive  selections  of  land  by  said  company. 
Very  respectfully, 

N.  C.  McFARLAND, 

Commissioner. 
W.  K.  Mendenhall,  Esq., 

Attorney  Northern  Pacific  Railroad  Company,   Washington,  D.  C. 


(20.) 


Northern  Pacific  Railroad  Company,  President's  Office, 

New  York,  February  12,  1886. 
Sir:  Application  was  made  by  this  company  to  the  surveyor-general  of  Dakota  for 
a  statement  of  the  cost  of  surveying  lauds  in  Cass  County,  Dakota,  in  pursuance  of 
subdivision  7  of  the  circular  instructions,  November  7,  1879,  in  order  that  the  com- 
pany may  pay  into  the  Treasury  of  the  United  States  the  sum  due  for  surveying.  I 
am  advised  the  surveyor-general  is  awaiting  special  instructions  from  your  office  be- 
fore furnishing  the  statement. 

I  therefore  beg  leave  respectfully  to  ask  that  the  surveyor-general  of  Dakota  be  in- 
structed to  furnish  this  company  with  a  statenient  of  the  amount  of  the  cost  of  sur- 
veying the  said  lands,  to  the  end  that  the  company  may  pay  the  same  into  the  Treas- 
ury of  the  United  States. 

Verv  respectfully,  your  obedient  servant, 

ROBERT  HARRIS, 

President. 
Hon.  William  A.  J.  Sparks, 

Commiifsioner  (General  Land  Office,  Washinyton,  D.  C. 

Indorsement:  17386.  General  Land  Office.  Received  February  13,  1886.  Robert 
Harris,  New  York.  Date,  February  12,  1886.  Subject :  Asks  that  the  surveyor-gen- 
eral of  Dakota  inform  him  of  the  cost  of  surveying  certain  railroad  lauds.  Referred 
to  Division  "  F,"  February  13,  1886.  J.  E.  Answered  February  19,  1886.  Answered 
March  9,  1886,  with  statement  of  costs.     T.  C. 


(21.) 

Department  of  the  Interior,  General  Land  Office, 

"trashing ton,  D.  C,  February  19,  1886. 
Sir  :  In  reply  to  your  request  of  the  12th  instant  that  the  United  Slates  surveyor- 
general  of  Dakota  be  instructed  to  furnish  you  with  a  statement  ot"  the  costs  of 
surveying  Lmds  in  Cass  County,  Dakota,  in  pursuance  of  subdivision  7  of  circular 
of  instructions  <f  November  7,  1879,  you  are  informed  that  the  statement  of  costs 
desired  will  be  immediately  i)repared  in  this  ofiiice  and  transmitted  to  you. 
Verv  resp»  ctfullv, 

WM.  a.  J.  SPARKS, 

CommisKioner, 
Robert  Harris,  Esq., 

/'resident  Northern  Pacific  liailroad  Company,  New   York  City. 


NORTHERN    PACIFIC    RAILROAD    COMPANY.  21 

(22.) 

Northern  Pacific  Railroad  Company,  Presidknt's  Op^fice, 

New  York,  February  24,  1886. 
Sir:  I  have  the  honor  to  inch)8e  herewith  copy  of  a  leaolutiou  of  the  board  of 
directors  of  this  company  adopted  at  the  meeting  of  the  directors  on  the  23d  in- 
stant, and,  in  accordance  with  said  resolution,  I  Ley;  leave  to  represent  that  the 
company  is  ready  to  pay  the  cost  of  surveying,  selecting,  and  conveying  the  lands 
appertaining  to  constructed  sections  of  the  road  approved  by  the  President  of  the 
United  States,  and  to  request  that  you  will  direct  patents  to  be  issued  to  the  com- 
pany for  its  lands  already  selected,  and  from  time  to  time,  as  lists  of  selections 
shall  be  approved. 

I  beg  to  add,  that  in  regard  to  special  application  made  by  me  to  the  Commis- 
sioner of  the  General  Land  Office  to  be  informed  of  the  cost  of  surveying  lands  in 
Cass  County,  Dakota  Territory,  with  a  view  to  depositing  with  the  United  States 
Treasury  the  amount  of  the  cost,  I  am  informed  by  th«i  Couuuis^iout•r,  under  date 
of  19th  instant,  that  the  statement  of  losts  desired  will  be  inimodiHtely  prepared 
in  his  office  and  transmitted  to  me. 

Very  respectfully,  vour  obedient  servant. 

^    '  ROBERT  HARRIS, 

President. 
Hon.  L.  Q.  C.  Lamar. 

Secretary  of  the  Interior,  Washington,  D.  C, 

(Indorsement :)  22,P41.  General  Land  Office.  Received  February  27,  1886.  Harris, 
Robert,  President,  New  York,  N.  Y.,  February  24,  1886,  incloses  copy  of  resolution  by 
Northern  Pacific  Railroad  Companj-,  and  says  the  company  is  ready  to  pay  costs  of 
surveying,  selecting,  and  conveying  lands  along  constructed  sections  of  company's 
road,  and  asks  that  patents  be  issued  for  lands  already  selected,  «&,c.  A.  M.  Depart- 
ment of  the  Interior,  February  25,  1886.  Respectfully  referred  to  the  Commissioner 
Oeneral  Land  Office  for  report.     G.  A.  Jenks,  Assistant  Secretary. 


(23.) 


Northern  Pa<ufic  Railroad  Company's  Office, 

No.  30  Wall  street,  Neiv  Yoric  City,  February  23,  1886. 
1,  Samuel  Wilkeson,  the  secretary  of  the  Northrrn  Pacific  Railroad  Company,  cer- 
tify that  the  annexed  is  a  true  copy  from  the  minutes  by  me  kept  as  such  secretary 
of  a  meeting  of  the  board  of  directors  of  said  company,  duly  held  on  the  23d  day  of 
February,  1886,  and  that  a  resolution,  of  which  the  annexed  is  a  copy,  was  on  that 
day  unanimously  adopted  by  said  board  of  directors;  and  to  this  certificate,  for  veri- 
fication, I  affix  the  Corporate  seal  of  said  company. 

[SEAL  ]  "  SAM'L  NICKESON, 

Secretary  Moithern  Pacific  Railroad  Company. 


Whereas  the  board  of  directors,  at  its  meeting  held  on  the  16th  day  of  November, 
1882,  adopted  resolutions,  of  which  the  following  is  a  copy,  viz  : 

^^ Resolved,  That  the  company  shall  proceed  with  due  diligence  to  obtain  patents 
from  the  United  States,  confirming  the  title  of  the  company  to  the  lands  granted  to  it 
by  Congress  to  aid  in  the  construction  of  the  road,  as  provided  in  section  4  of  the 
charter,  and  the  president  is  hereby  requested  and  instructed  to  cause  the  necessary 
steps  to  be  taken  to  obtain  patents  by  reason  of  constructed  r^ad  heretofore  approved 
by  the  President  of  the  United  States,  and  from  time  to  time  hereafter  as  constructed 
road  sUall  be  so  approved.     And  it  is  further 

'^Resolved,  That  thepiesident  be,  and  he  is  hereby,  authorized  and  instructed  to  cause 
to  be  paid  into  the  Treasury  of  the  United  States  the  cost  of  surveying,  selecting,  and 
conveying  said  lands  from  time  to  time  as  such  patents  are  issued  or  applied  for,  and^ 
that  he  make  such  payment,  either  umleK  or  without  x>rotest,  as  he  may  deem  best  for 
the  interests  of  the  company." 

And  whereas  since  the  adoyjtion  of  the  said  resolutions  the  company  has  repeatedly 
applied  to  and  requested  the  Department  of  the  Interior  and  the  Commissioner  of  the 
General  Land  Office  to  issue  patents  to  the  company  for  lands  adjacent  to  its  con- 
structed road,  approved  by  the  President  of  the  United  States,  but  the  Interior  De- 
partment and  the  Commissioner  of  the  General  Land  Office  have  ever  since  the  year 
1882  uniformly  declined  to  take  any  steps,  or  to  permit  any  steps  to  be  taken,  towards 
the  issuing  to  the  company  of  any  such  patents  ; 


22 


NORTHERN    PACIFIC    RAILROAD    COMPANY. 


Aud  whereas  the  conipauy  is  uow,  and  has  been  since  the  adoption  of  the  said  reso- 
lutions, ready  and  willing  to  pay  the  cost  of  surveying,  selecting,  and  conveying  the 
surveyed  lands  appertaining  to  coustructed  sections  of  the  road,  which  have  been 
approved  by  the  President  of  the  United  States  under  the  provisions  of  section  4  of 
the  charter :  Therefore, 

Resolved,  That  the  president  be  instructed  to  officially  inform  the  Secretary  of  the 
Interior  that  the  company  is  ready  now,  as  it  has  been  in  the  past,  and  will  be  in  the 
future,  to  pay  the  cost  of  surveying,  selecting,  and  conveying  the  lands,  and  to  request 
the  Secretary  to  cause  patents  to  be  issued  to  the  company  for  its  lands  now  selected, 
and  from  time  to  time  as  lists  of  selections  shall  be  approved. 


(24.) 


DKPA.RTMENT   OF   THE   INTERIOR,  GENERAL   LaND   OfFICK, 

Washington,  D.  C,  March  9,  1886. 
Sir:  In  accordance  with  my  letter  to  you  of  the  19th  ultimo,  I  present  the  follow- 
ing statement  of  the  cost  of  surveys  of'odd-numbered  sections  within  the  limits  of 
the  grant  to  the  Northern  Pacific  Railroad  Company  in  Cass  County,  Dakota: 


Field  work. 

Office  work. 

Town. 

Kange. 

Selected  by 

Total  cost  j 
office  and  , 

company. 

Cost  per 

Total. 

Cost  per 

Total. 

field  work,  i 

acre. 
Cents. 

acre. 

i 

. 

Acres. 

Cmts. 

._.    .     1 

130 

49 

4,  827.  80 

2i 

$120  70 

.  i 

$24  13 

$144  83  i 

140 

49 

10,  902.  83 

2| 

299  83 

54  51 

354  34  j 

141 

49 

10,781.39 

3 

323  44 

53  91 

377  35  : 

142 

49 

10,  533.  71 

3 

316  01 

52  67 

368  68  ; 

143 

49 

9.  800.  08 

3 

294  00 

^ 

49  00 

343  00  1 

137 

50 

11,447.61 

2i 

286  19 

i 

57  24 

343  43  \ 

138 

50 

11,452.62 

2I 

286  32 

1 

57  26 

343  58  i 

139 

50 

11,  482.  24 

2i 

287  06 

57  41 

344  47 

140 

50 

11,  320.  42 

2i 

283  01 

|- 

56  60 

339  61  ' 

141 

50 

11,554.63 

24 

288  87 

57  77 

346  64  1 

142 

50 

11, 477. 14 

2i 

286  93 

A 

57  39 

344  32  ; 

143 

50 

11,533.52 

2| 

288  34 

^ 

57  67 

346  01 

137 

51 

11,541.54 

317  39 

^ 

57  71 

.375  10  1 

138 

51 

11,513.10 

2^ 

287  83 

^ 

57  57 

345  40  i 

13J. 

51 

11,  .525.  66 

2 

288  14 

\ 

57  63 

345  77 

140 

51 

11,301.26 

2i 

282  53 

X 

56  51 

339  04 

'     141 

51 

11,  612.  88 

24 

290  32 

i 

58  06 

348  38  i 

142 

51 

11,  .525.  70 

2i 

288  14 

1 

57  62 

345  76  i 

143 

51 

.11,469.66 

2 

286  74 

i 

57  35 

344  09  i 

138 

52 

11,414.04 

2J 

313  89 

^ 

57  07 

370  96  i 

141 

52 

11,  513.  20 

2i 

287  83 

4 

57  57 

345  40  ; 

142 

52 

11,486.76 

2I 

287  17 

^ 

57  43 

344  60  , 

143 

52 

11,  403.  24 

285  08 

I 

57  01 

342  09  ! 

137 

53 

11,502.32 

2i 

287  56 

X 

57  51 

345  07  i 

!     138 

53 

11,  478.  46 

2i 

286  96 

h 

.57  39 

344  35  1 

139 

53 

11,  484.  38 

2i 

287  11 

57  42 

344  53  ! 

140 

53 

11,527.47 

n 

288  19 

i 

57  64 

345  83  i 

141 

53 

11,496.22 

2* 

287  41 

^ 

57  48 

344  89  ! 

142 

53 

11,  509.  02 

2i 

287  73 

h 

57  55 

345  28 

143 

53 

11,465.12 

2| 

286  63 

■  ■ 

57  33 

343  96  1 

137 

54 

11,509.18 

2i 

287  73 

57  55 

345  28  j 

138 

54 

11,471.47 

2; 

286  79 

1 

57  36 

344  15 

139 

54 

11,477.02 

2; 

286  93 

57  39 

344  32  1 

140 

54 

11,581.04 

2i 

289  53 

1 

57  91 

347  44  i 

141 

54 

11,  530.  06 

2I 

288  25 

^ 

57  65 

345  90  j 

142 

54 

11,  497.  43 

^ 

287  44 

57  48 

344  92 

143 

54 

11,514.48 

2i 

287  86 

57  57 

3-15  43  I 

137 

55 

11,477.04 

2I 

286  93 

57  39 

344  32  : 

138 

55 

11,  459.  60 

2i 

286  49 

J 

57  3^ 
57  33 

343  79  , 

139 

55 

11,465.88 

2I 

286  65 

■   343  98 

140 

55 

11,501.06 

2| 

316  28 

X 

57  51 

373  79  ! 

141 

55 

11,  542.  92 

2I 

288  57 

^ 

57  71 

346  28 

142 

1      55 

7,  666.  90 

2 

191  67 

^ 

38  33 

230  00  ; 

143 

1      55 

11,  495. 16 

2 

287  38 

X 

57  48 

344  86  ; 

137 

j      52 

11,517.12 

2 

287  93 

i 

57  59 

345  52  1 

139 

1      52 

11,299.00 

2 

282  48 

; 

56  50 

338  98  : 

140 

i      52 

11,298.02 

2 

282  45 

56  49 

338  94  1 

142 

!      55 

3.  836.  84 

2 

95  92 

19  18 

115  10 

137 

49 

160.  00 

2 

4  00 

80 

1       4  80   ; 

138 

1      49 

640.  00 
529, 824. 24 

2 

1 

1 

16  00 

3  20 

1    19  00  1 

•13,614  63 

2,649  13 

116,163  76 

NORTHERN    PACIFIC    RAILROAD    COMPANY. 


23 


1  also  have  to  add  that  at  the  request  of  this  office,  in  December,  1883,  your  com- 
pany paid  into  the  United  States  Treasury  the  cost  of  surveying  a  list  of  33,368.24 
acres,  situated  in  Cass  County,  Dakota. 

It  now  appears  tliat  the  oPfioe  erred  in  computing  the  cost  of  surveying  the  lands 
in  said  list. 

I  tbt-refore  presint  the  following  statement,  indicating  th»r  jnnount  paid  and  the 
balance  due,  according  to  the  readjastment : 


t 

1. 

1 

|. 

_ 

1 

J.. 

i 

1 

Mills. 

1 

It 

•a 

4 
A_ 

^1 

MiUs. 

1 

1 

^1 

Gents. 

Gents. 

138 

48 

1, 085. 15 

19 

$20  61 

2i 

$27  13 

$6  52 

n 

$162 

$5  43 

$3  81 

139 

48 

1,  097.  09 

19 

20  84 

.     6 

65  83 

44  99 

H 

1  63 

5  49 

3  86 

140 

48 

1,  476.  35 

19 

28  05 

H 

92  28 

64  23 

H 

2  21 

7  38 

5  17 

137 

48 

686.  74 

19 

13  04 

11 

12  01 

n 

1  03 

3  43 

2  40 

i  141 

48 

16,88 

19 

32 

4 

67 

"'     35 

H 

03 

08 

05 

1  137 

49 

11.  30.-.  23 

19 

214  79 

2i 

282  63 

67  84 

if 

16  95 

56  52 

39  57 

138 

49 

10,  903.  47 

19 

207  16 

2i 

272  59 

65  43 

H 

16  35 

; 

54  51 

38  16 

139 

1 

49 

6,  797.  33 

19 

129  14 

2i 

169  93 

40  79 

n 

10  19 

33  98 

24  79 

633  95 

923  07 

•J90  15 

Total  due  for  office  work 

116  81 

Deduct 

for  overpay 

Dient  of 

fleld  work,  to 

wiiship 

137,  ra 

uge  48 

1  03 

Total  d 

ae  for  fi 

eld  work 

289  12 
405  93 

289  12 

Ynrv  respectfully, 

S.  M.  STOCKSLAGER, 

Assistant  Commissioiutr. 
RoB.ERT  Harris,  Esq., 

President  Nor'thern  Pacific  Railroad  Company,  New  York. 


-J^ 


